Pendergrass v. Colvin, No. 3:2013cv50308 - Document 15 (N.D. Ill. 2015)

Court Description: MOTION by Defendant Carolyn W. Colvin for judgment (Agreed Motion to Reinstate and for Entry of Final Judgment) (Attachments: # 1 Attachment 1, # 2 Attachment 2-proposed order)(Mallory, Monica)

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Pendergrass v. Colvin Doc. 15 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS WESTERN DIVISION HEATHER PENDERGRASS, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) No. 13 C 50308 Judge Philip G. Reinhard AGREED MOTION TO REINSTATE CIVIL ACTION NO. 13 C 50308 AND FOR ENTRY OF FINAL JUDGMENT The Defendant, Carolyn W. Colvin, Acting Commissioner of Social Security, by her undersigned counsel, moves this court to reinstate this case and enter final judgment in this matter in favor of Plaintiff Heather Pendergrass. On December 19, 2013, the Commissioner requested that the court remand this case pursuant to sentence six of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), because significant portions of the recordings of the hearing held before the Administrative Law Judge were inaudible. On December 20, 2013, the court granted the motion and remanded this case for further administrative proceedings. Following additional administrative proceedings, an Administrative Law Judge awarded benefits to Plaintiff (under her new name, Heather Thompson) in a decision dated December 15, 2014, a copy of which is attached. The Commissioner now moves this Court to reinstate this case and enter judgment in favor of Plaintiff. See sentence six of 42 U.S.C. § 405(g) (“The court may . . . remand the case to the Commissioner of Social Security for further action by the Commissioner of Social Security, and it may at any time order additional evidence to be taken before the Commissioner of Social Security . . . and the Commissioner of Social Security shall, after the case is remanded, and after hearing such additional evidence if so ordered, modify or affirm the Dockets.Justia.com Commissioner’s findings of fact or the Commissioner’s decision, or both, and shall file with the court any such additional and modified findings of fact and decision . . . .”); Melkonyan v. Sullivan, 111 S. Ct. 2157, 2163 (1991) (“The statute provides that following a sentence six remand, the Secretary must return to the district court to ‘file with the court any such additional or modified findings of fact and decision, and a transcript of the additional record and testimony upon which his action in modifying or affirming was based. 42 U.S.C. § 405(g).”). Plaintiff’s counsel Stephanie R. Seibold advised Agency Counsel Linda Januszyk, on January 5, 2015, that she has no objection to this motion. WHEREFORE, the Commissioner requests that the court reinstate this case and enter final judgment in this matter in favor of Plaintiff. Respectfully submitted, ZACHARY T. FARDON United States Attorney By: s/ Monica V. Mallory MONICA V. MALLORY Assistant United States Attorney 327 South Church Street, Suite 3300 Rockford, Illinois 61101 (815) 987-4444/Fax (815) 987-4236 monica.mallory@usdoj.gov Of Counsel: KATHRYN CALDWELL Acting Regional Chief Counsel LINDA M. JANUSZYK Assistant Regional Counsel Social Security Administration 200 West Adams Street, 30th Floor Chicago, Illinois 60606 (877) 800-7578, ext. 19162 linda.januszyk@ssa.gov 2

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