Wallace v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS NEIL WALLACE, Plaintiff, v. Case No. 25-CV-01244-SPM FRANK BISIGNANO, COMMISSIONER OF SOCIAL SECURITY, Defendant. MEMORANDUM AND ORDER McGLYNN, District Judge: Before the Court is the parties’ Agreed Motion to Remand to the Commissioner of Social Security under sentence four of 42 U.S.C. § 405(g). (Doc. 24). 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 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 to a judgment reversing the Commissioner’s decision under sentence four of § 405(g) and remanding the cause to the Commissioner. (Doc. 24). The parties further agree that the Administrative Law Judge should, on remand, reevaluate Wallace’s residual functional capacity; obtain supplemental evidence from a vocational expert to clarify the effect of the assessed limitations on Plaintiff’s occupational base, as necessary; take further action to complete the administrative record; and issue a new decision. (See id.). Wallace applied for Disability Insurance Benefits on August 4, 2023. (See Doc. 1, Doc. 12, p. 1). Following a September 10, 2024, hearing, an Administrative Law Judge denied his claim on February 25, 2025. (See Doc. 1, Doc. 12, p. 1). Wallace requested review by the Appeals Council, and the Appeals Council concluded on April 9, 2025, that there was no basis to grant the request. (See Doc. 1). Plaintiff filed his Complaint in this Court requesting judicial review of the Administrative Law Judge’s decision on September 23, 2025. (Id.). For good cause shown, the parties’ Agreed Motion to Remand (Doc. 24) is GRANTED. The final decision of the Commissioner of Social Security denying Wallace ’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. DATED: November 20, 2025 s/ Stephen P. McGlynn STEPHEN P. McGLYNN U.S. District Judge