Filed: Jan. 16, 2019
Latest Update: Jan. 16, 2019
Summary: AMENDED MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . Before the Court is the parties' Agreed Motion for Remand. (Doc. 24). 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 Disabili
Summary: AMENDED MEMORANDUM AND ORDER J. PHIL GILBERT , District Judge . Before the Court is the parties' Agreed Motion for Remand. (Doc. 24). 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 Disabilit..
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AMENDED MEMORANDUM AND ORDER
J. PHIL GILBERT, District Judge.
Before the Court is the parties' Agreed Motion for Remand. (Doc. 24).
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, "the ALJ will: (1) further evaluate the medical evidence, including medical opinion evidence; (2) if necessary, reassess Plaintiff's residual functional capacity; (3) obtain supplemental evidence from a vocational expert; and (4) issue a new decision."
For good cause shown, the parties' Agreed Motion for Remand (Doc. 24) is GRANTED.
The final decision of the Commissioner of Social Security denying plaintiff'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.
