Maue v. Commissioner of Social Security ( 2021 )

IN THE UNITED STATES DISTRICT COURT FOR THESOUTHERNDISTRICT OF ILLINOIS LAURA J. MAUE, ) ) Plaintiff, ) ) vs. ) Case No. 3:21-cv-332-DWD ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. ) MEMORANDUM & ORDER DUGAN, District Judge: Before the Court is the parties’ Joint Motionto Remand to the Commissioner. (Doc. 26). 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 Corp. Comprehensive Disability Prot. Plan, 195 F.3d 975, 978 (7th Cir. 1999). Upon a sentence four remand, judgment should be entered in favor of the plaintiff. Shalala v. Schaefer, 509 U.S. 292, 302– 03 (1993). The parties agree that, upon receipt of the Court’s order, the Appeals Council will vacate all findings in the Administrative Law Judge’s (ALJ) decision and remand the matter to the ALJ. On remand, the ALJ will evaluate the medical source opinions and Plaintiff’s residual functional capacity, determine whether Plaintiff could perform her past relevant work or work that exists in this national economy, and issue a new decision. For good cause shown, the parties’ Joint Motion (Doc. 26) 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. SO ORDERED. Dated: December 14, 2021 dun L i J DAVIDW.DUGAN United States District Judge