Mills v. Commissioner of Social Security

Filing 18

ORDER: For good cause shown, the parties' Joint Motion to Remand (Doc. 17) is GRANTED. The Clerk of Court is directed to enter judgment in favor of Plaintiff. All pending motions and deadlines are moot. Signed by Magistrate Judge Reona J. Daly on 2/6/2024. (lmo)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
GARATH J. MILLS,
Plaintiff,
vs.
COMMISSIONER of SOCIAL SECURITY,
Defendant.

)
)
)
)
)
)
)
)
)
)

Case No. 23-cv-3017-RJD1

MEMORANDUM AND ORDER
DALY, Magistrate Judge:
This matter comes before the Court on the parties’ Agreed Motion to Remand to the
Commissioner. (Doc. 17).
The parties ask that this case be remanded for further proceedings pursuant to sentence four
of 42 U.S.C. § 405(g). A sentence four remand (as opposed to a sentence six remand) depends
upon a finding of error, and is itself a final, appealable order. See Melkonyan v. Sullivan, 501 U.S.
89 (1991); Perlman v. Swiss Bank Corporation Comprehensive Disability Protection Plan, 195
F.3d 975, 978 (7th Cir. 1999). Upon a sentence four remand, judgment should be entered in favor
of the claimant. Shalala v. Schaefer, 509 U.S. 292, 302-303 (1993).
For good cause shown, the parties’ Joint Motion to Remand (Doc. 17) is GRANTED. The
parties agree that, on remand, the Appeals Council will remand this matter to an administrative
law judge for further proceedings to evaluate the evidence, assess Plaintiff’s residual functional
capacity, and assess whether Plaintiff could perform his past relevant work or work that existed in
the national economy, and issue a new decision.

1

This case was assigned to the undersigned for final disposition upon consent of the parties pursuant to 28 U.S.C.
§636(c). Doc. 8.
1

The final decision of the Commissioner of Social Security denying Plaintiff’s application
for social security benefits is REVERSED and REMANDED to the Commissioner for rehearing
and reconsideration of the evidence, pursuant to sentence four of 42 U.S.C. § 405(g).
The Clerk of Court is directed to enter judgment in favor of Plaintiff. All pending motions
and deadlines are moot.
IT IS SO ORDERED.
DATED: February 6, 2024

s/Reona J. Daly
REONA J. DALY
UNITED STATES MAGISTRATE JUDGE

2