Hutchison v. Commissioner of Social Security, No. 3:2015cv01281 - Document 20 (S.D. Ill. 2016)

Court Description: MEMORANDUM AND OPINION granting 19 Stipulation to Remand. The final decision of the Commissioner is reversed and remanded pursuant to sentence four of 42 U.S.C. §405(g). The Clerk of Court is directed to enter judgment in favor of plaintiff. Signed by Magistrate Judge Clifford J. Proud on 6/7/2016. (jmt)

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Hutchison v. Commissioner of Social Security Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS CHARLES BRIAN HUTCHISON, Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) CIVIL NO. 15-cv-1281-CJP 1 MEMORANDUM AND ORDER Proud, Magistrate Judge: This matter is now before the Court on the parties’ Stipulation to Remand. (Doc. 19). The parties agree that this case should be remanded to the agency 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). remand, judgment should be entered in favor of plaintiff. Upon a sentence four Schaefer v. Shalala, 509 U.S. 292, 302-303 (1993). The parties agree that, upon remand, “an ALJ will hold a new administrative hearing; further evaluate and weigh the opinion evidence of record; 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. 9. 1 Dockets.Justia.com evaluate Plaintiff’s maximum residual functional capacity; if warranted, obtain supplemental vocational expert evidence; and issue a new decision.” The Court notes that plaintiff applied for disability benefits in February 2012, more than four years ago. (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’ Stipulation to Remand (Doc. 19) is GRANTED. The final decision of the Commissioner of Social Security denying Charles Brian Hutchison’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. IT IS SO ORDERED. DATED: June 7, 2016. s/ Clifford J. Proud CLIFFORD J. PROUD UNITED STATES MAGISTRATE JUDGE 2

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