Grater v. Commissioner of Social Security
Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS
CRYSTAL M. GRATER, ) ) Plaintiff, ) ) vs. ) Civil No. 20-cv-376-MAB ) COMMISSIONER of SOCIAL ) SECURITY, ) ) Defendant. )
MEMORANDUM AND ORDER
BEATTY, Magistrate 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). 1 (Doc. 16). 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 evaluate the claimant’s RFC, with citation to the medical evidence that supports each limitation assessed and with
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, Docs. 5, 10. consideration for all the claimant’s impairments; evaluate the record medical opinions; and obtain additional medical and vocational evidence if warranted.” (Doc. 16, p. 1).
For good cause shown, the parties’ Joint Motion for Remand for Further Proceedings Pursuant to Sentence Four of 42 U.S.C. § 405(g) (Doc. 16) 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 15, 2020
/s/ Mark A. Beatty MARK A. BEATTY United States Magistrate Judge
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