Phillips v. Commissioner of Social Security

Filing 14

ORDER GRANTING 13 Agreed Motion to Remand to the Commissioner. The final decision of the Commissioner of Social Security denying Plaintiff's application for social security disability 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). Signed by Chief Judge Nancy J. Rosenstengel on 2/6/2024. (mlp)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
COREY P., 1
Plaintiff,
Case No. 3:23-CV-3511-NJR

v.
MARTIN O’MALLEY,
Commissioner of Social Security,
Defendant.

ORDER
ROSENSTENGEL, Chief Judge:
Before the Court is the parties’ Agreed Motion for Remand to the Commissioner.
(Doc. 13). The parties ask the Court to remand this case for further proceedings pursuant
to sentence four of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). (Id.). A
sentence four remand depends upon a finding of error, and is itself a final, appealable
order. See 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 plaintiff. Shalala v. Schaefer, 509 U.S. 292, 302-303 (1993).
The parties agree that, upon remand, the ALJ will: (1) evaluate the medical
evidence related to Plaintiff’s ability to walk and stand; (2) evaluate Plaintiff’s residual
functional capacity; (3) if necessary, obtain medical expert testimony; (4) if necessary,
obtain supplemental evidence from a vocational expert; and (5) issue a new decision.

In keeping with the Court’s practice, Plaintiff’s full name will not be used in this Order due to privacy
concerns. See FED. R. CIV. P. 5.2(c) and the Advisory Committee Notes thereto.

1

Page 1 of 2

For good cause shown, the Agreed Motion to Remand to the Commissioner
(Doc. 13) is GRANTED. The final decision of the Commissioner of Social Security
denying Plaintiff’s application for social security disability 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.
IT IS SO ORDERED.
DATED: February 6, 2024
____________________________
NANCY J. ROSENSTENGEL
Chief U.S. District Judge

Page 2 of 2