Benaderet v. Commissioner of the Social Security Administration

Filing 18

ORDER signed by Judge Pamela Pepper on 4/30/2018. 16 Commissioner's MOTION to Remand to Social Security Administration GRANTED. Commissioner's denial of benefits REVERSED. Case REMANDED to Commissioner of the Social Security Administration for further proceedings under Sentence Four of 42 USC §405(g). (cc: all counsel, via mail to Joel Benaderet)(cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN

JOEL BENADERET,
Plaintiff,
v.

Case No. 17-cv-844-pp

NANCY BERRYHILL,
Defendant.

ORDER GRANTING DEFENDANT’S MOTION FOR REMAND (DKT. NO. 16)

On February 5, 2018, the defendant filed a motion to remand this Social
Security appeal to the administrative law judge under sentence four of 42
U.S.C. §405(g), based on errors in the administrative record. Dkt. No. 16. A
sentence four remand (as opposed to sentence six) is based on a finding of
error, and is a final, appealable order. In the motion, the defendant explains
that she has independently reviewed the administrative record, and admits
that there is a need “to reevaluate the medical opinion and other source
opinion evidence, reassess Plaintiff’s residual functional capacity, and reassess
his substance-abuse disorder.” Id. at 1. The plaintiff has not responded to the
motion, although his father has filed the plaintiff’s opening brief.1 Based on the

The plaintiff’s father is not a party, and it is unclear whether he is an
attorney. Section 1654 provides that the parties may “plead and conduct their
own cases personally or by counsel,” 28 U.S.C. §1654, and Rule 11 requires
that every motion be signed by an attorney or a party who is representing
himself. But see Elustra v. Mineo, 595 F.3d 699, 705 (7th Cir. 2010)
(acknowledging that other circuits have recognized a few exceptions to the
11

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errors identified by the defendant, the court agrees that the administrative
record supports a sentence four remand.
The court GRANTS the defendant’s motion for remand under sentence
four of section 405(g) of the Social Security Act. Dkt. No. 16. The court
REVERSES AND REMANDS the final decision of the Commissioner of Social
Security for rehearing and a reconsideration of the evidence.
Dated in Milwaukee, Wisconsin this 30th day of April, 2018.
BY THE COURT:
_____________________________________
HON. PAMELA PEPPER
United States District Judge

general rule that a person may only appear pro se or through counsel, such as
parents bringing claims on behalf of their children in an effort to secure Social
Security benefits).
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