Cooks v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

DIONNE S. COOKS, ) ) Plaintiff, ) ) vs. ) CIVIL NO. 3:20-cv-00123-GCS1 ) COMMISSIONER of SOCIAL SECURITY, ) ) Defendant. )

MEMORANDUM & ORDER

SISON, Magistrate Judge:

Before the Court is the parties’ Joint Motion for Remand. (Doc. 28).2 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, 101-102 (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. See Shalala v. Schaefer, 509 U.S. 292, 302-303 (1993). The parties agree that, upon remand, “ the Administrative Law Judge (“ALJ”) will re-evaluate Plaintiff’s residual functional capacity, the objective medical evidence, other 1 This case was assigned to the undersigned for final disposition upon consent of the parties pursuant to 28 U.S.C. §636(c). See (Doc. 11).

2 Cooks also filed a response stating she agrees with the remand. (Doc. 29). medical evidence, and medical source opinions, and determine whether Plaintiff could perform her past relevant work or other work that exists in the national economy.” Plaintiff applied for disability benefits in May 2015. 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. 28) is GRANTED. The final decision of the Commissioner of Social Security denying Plaintiff's application for social security disability 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. DATED: October 28, 2020. Digitally signed Aetee 2. Rs a fee Sison 2 ate: 2020.10.28 10:28:00 -05'00' GILBERTC.SISON UNITED STATES MAGISTRATE JUDGE