Bester v. Colvin

Filing 22

ORDER signed by Judge J.P. Stadtmueller on 5/12/2017: GRANTING 20 Motion for Affirmance of Agency Decision on Remand and Entry of Final Judgment; AFFIRMING the 12/16/2016 final decision of the Commissioner of Social Security granting Plaintiff's application for benefits (Docket #20-1); and DISMISSING this action. (cc: all counsel) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
THERESA BESTER,

v.

Plaintiff,

Case No. 14-CV-413-JPS

NANCY BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

ORDER

In 2014, Plaintiff filed this appeal of an adverse decision of the
Commissioner of Social Security (the “Commissioner”) on her application
for disability benefits. (Docket #1). The parties stipulated to remand the
matter back to the Commissioner pursuant to the sixth sentence of 42
U.S.C. § 405(g) because the administrative record was incomplete. (Docket
#17). In “sentence six” remands like this one, the Court retains jurisdiction
and awaits post-remand agency proceedings to conclude before it enters
judgment. Shalala v. Shaefer, 509 U.S. 292, 297 (1993). On December 16,
2016, the administrative law judge (“ALJ”) assigned to this matter on
remand entered a decision in Plaintiff’s favor, finding that she is disabled
within the meaning of the Social Security Act. (Docket #20-1). The time to
administratively appeal the decision has expired, making the ALJ’s
decision the final decision of the Commissioner. See 20 C.F.R. §§ 404.951,
404.987. The Commissioner now moves for affirmance of the ALJ’s
decision and the entry of final judgment in this case. (Docket #20). As
might be expected, Plaintiff does not oppose the motion. (Docket #21). In

light of the ALJ’s decision and the parties’ joint request for the entry of
judgment, the Court will grant the Commissioner’s motion.
Accordingly,
IT IS ORDERED that the Commissioner’s motion for affirmance of
the agency decision on remand and for entry of final judgment (Docket
#20) be and the same is hereby GRANTED;
IT IS FURTHER ORDERED that the December 16, 2016 final
decision of the Commissioner of Social Security granting Plaintiff’s
application for benefits (Docket #20-1) be and the same is hereby
AFFIRMED; and
IT IS FURTHER ORDERED that this action be and the same is
hereby DISMISSED.
The Clerk of the Court is directed to enter judgment accordingly.
Dated at Milwaukee, Wisconsin, this 12th day of May, 2017.
BY THE COURT:

J.P. Stadtmueller
U.S. District Judge

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