DONALD G. WILKERSON, Magistrate Judge.
Before the Court is the parties' Agreed Motion for Remand to the Commissioner.
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 plaintiff. Shalala v. Schaefer, 509 U.S. 292, 302-303 (1993).
The parties agree that, upon remand, "unless the Appeals Council decides it can award benefits on the current record, it will remand the case to an administrative law judge for a new hearing and a new decision. The ALJ will be instructed to (1) re-evaluate the residual functional capacity; (2) if necessary, continue through the sequential evaluation process with citation to the medical record; and (3) if warranted, obtain additional vocational evidence."
Plaintiff applied for disability benefits in September 2015. (Tr. 17). While recognizing that the agency has a full docket, the Court urges the Commissioner to expedite this case on remand.
For good cause shown, the parties' Agreed Motion for Remand to the Commissioner
The final decision of the Commissioner of Social Security denying plaintiff's application for social security disability benefits is
The Clerk of Court is directed to enter judgment in favor of plaintiff.