History
  • No items yet
midpage
Davenport v. Commissioner of Social Security
3:25-cv-00216
| S.D. Ill. | Jul 17, 2025
|
Check Treatment
|
Docket
Case Information

*1 Case 3:25-cv-00216-GCS Document 19 Filed 07/17/25 Page 1 of 2 Page ID #516

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ELIZABETH D., [1] )

)

Plaintiff, )

) vs. ) Case No. 3:25-cv-00216-GCS

)

FRANK BISIGNANO, )

Commissioner of Social Security, )

)

Defendant. )

MEMORANDUM & ORDER

SISON, Magistrate Judge:

Before the Court is the parties’ Agreed Motion to Remand to the Commissioner. (Doc. 18). 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).

The parties agree that, upon remand, the ALJ should “offer Plaintiff the opportunity for a hearing; proceed through the sequential disability evaluation process *2 Case 3:25-cv-00216-GCS Document 19 Filed 07/17/25 Page 2 of 2 Page ID #517

as appropriate; obtain supplemental vocational expert testimony if warranted; and issue a new decision.” (Doc. 18, p. 1).

For good cause shown, the parties’ Agreed Motion to Remand to the Commissioner (Doc. 18) 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: July 17, 2025. Judge Sison Date: 2025.07.17 11:51:13 -05'00' ___________________________________ GILBERT C. SISON United States Magistrate Judge Page 2 of 2

[1] Plaintiff’s full name will not be used in this Order due to privacy concerns. See F ED . R. C IV . P ROC . 5.2(c) and the Advisory Committee Notes thereto. Page 1 of 2

Case Details

Case Name: Davenport v. Commissioner of Social Security
Court Name: District Court, S.D. Illinois
Date Published: Jul 17, 2025
Docket Number: 3:25-cv-00216
Court Abbreviation: S.D. Ill.
AI-generated responses must be verified and are not legal advice.
Your Notebook is empty. To add cases, bookmark them from your search, or select Add Cases to extract citations from a PDF or a block of text.