Case Name in Social Security Case - Unavailable

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IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
NEIL WALLACE,
Plaintiff,
v.
FRANK BISIGNANO,
COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
Case No. 25-CV-01244-SPM
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
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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
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