Henson v. Commissioner of Social Security

S.D. Illinois

Henson v. Commissioner of Social Security

DecidedMay 25, 2023

Docket3:21-cv-01363

StatusUnknown

This text of Henson v. Commissioner of Social Security (Henson v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, S.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Henson v. Commissioner of Social Security, (S.D. Ill. 2023).

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS PAUL E. HENSON, ) Plaintiff, VS. Case No. 21-CV-1363-SMY KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL ) SECURITY, ) Defendant. MEMORANDUM AND ORDER YANDLE, District Judge: Before the Court is the parties’ Agreed Motion to Remand to the Commissioner (Doc. 23), seeking to have this case remanded for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Upon a sentence four remand, judgment should be entered in favor of the plaintiff. Shalala v. Schaefer, 509 U.S. 292, 302-303 (1993). Here, the parties agree that on remand, the Administrative Law Judge should grant Plaintiff a new hearing, re-evaluate Plaintiff's residual functional capacity, take further action to complete the administrative record, and issue a new decision (Doc. 23). For good cause shown, the parties’ Agreed Motion to Remand to the Commissioner (Doc. 23) 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 and close this case. IT IS SO ORDERED. DATED: May 25, 2023 Ae Ke. Coll STACI M. YANDLE United States District Judge

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS PAUL E. HENSON, ) Plaintiff, VS. Case No. 21-CV-1363-SMY KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL ) SECURITY, ) Defendant. MEMORANDUM AND ORDER YANDLE, District Judge: Before the Court is the parties’ Agreed Motion to Remand to the Commissioner (Doc. 23), seeking to have this case remanded for further proceedings pursuant to sentence four of 42 U.S.C. § 405(g). Upon a sentence four remand, judgment should be entered in favor of the plaintiff. Shalala v. Schaefer, 509 U.S. 292, 302-303 (1993). Here, the parties agree that on remand, the Administrative Law Judge should grant Plaintiff a new hearing, re-evaluate Plaintiff's residual functional capacity, take further action to complete the administrative record, and issue a new decision (Doc. 23). For good cause shown, the parties’ Agreed Motion to Remand to the Commissioner (Doc. 23) 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 and close this case. IT IS SO ORDERED. DATED: May 25, 2023 Ae Ke. Coll STACI M. YANDLE United States District Judge

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