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Sheridan v. Commissioner of Social Security, 17-cv-833-JPG/CJP. (2018)

Court: District Court, S.D. Illinois Number: infdco20180328b90 Visitors: 13
Filed: Mar. 27, 2018
Latest Update: Mar. 27, 2018
Summary: MEMORANDUM & ORDER J. PHIL GILBERT , District Judge . Before the Court is the parties' Joint Motion for Remand for Further Proceedings Pursuant to Sentence Four of 42 U.S.C. 405(g). (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 (199
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MEMORANDUM & ORDER

Before the Court is the parties' Joint Motion for Remand for Further Proceedings Pursuant to Sentence Four of 42 U.S.C. § 405(g). (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 plaintiff. Shalala v. Schaefer, 509 U.S. 292, 302-303 (1993).

The parties agree that, upon remand, "On remand, the ALJ will re-evaluate the severity of the claimant's mental impairments; re-evaluate the claimant's subjective statements under SSR 16-3p; and, if warranted, obtain additional vocational evidence."

Plaintiff applied for disability benefits in December 2013. (Tr. 10). 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' Joint Motion for Remand (Doc. 17) is GRANTED.

The final decision of the Commissioner of Social Security denying Rhonda S. Sheridan'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.

IT IS SO ORDERED.

Source:  Leagle

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