Headd-Bell v. Commissioner of Social Security ( 2020 )

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS BILLIE I. HEADD-BELL, ) ) Plaintiff, ) ) vs. ) CIVIL NO. 19-cv-843-GCS1 ) COMMISSIONER of SOCIAL SECURITY, ) ) Defendant. ) MEMORANDUM AND ORDER SISON, Magistrate Judge: Before the Court is the parties’ Joint Motion to Remand to the Commissioner. (Doc. 30). 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, 98 (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). 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, 29. The parties agree that, upon remand, “the ALJ will grant Plaintiff a new hearing, evaluate her learning disorder, assess her residual functional capacity, and issue a new decision.” Plaintiff applied for disability benefits in February 2016. (Tr. 20). 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 to Remand to the Commissioner (Doc. 30) 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. Digitally signed by DATED: March 4, 2020. Magistrate Judge AThing ce 2. Gilbert C. Sison Date: 2020.03.04 11:45:22 -06'00' GILBERT C. SISON UNITED STATES MAGISTRATE JUDGE Page 2 of 2