Sarah H. v. Frank Bigano, Commissioner of Social Security - Sentence Four Remand
Summary
The United States District Court for the Southern District of Illinois granted the parties' Agreed Motion to Remand in the Social Security disability case of Sarah H. v. Frank Bigano, reversing and remanding the Commissioner's final decision pursuant to sentence four of 42 U.S.C. § 405(g). Upon remand, the Administrative Law Judge will reconsider the evidence, offer the plaintiff an opportunity for a hearing, and issue a new decision. Judgment was entered in favor of Plaintiff on April 8, 2026.
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What changed
The court granted the parties' agreed motion and issued a sentence four remand order reversing the Commissioner's decision in Sarah H.'s Social Security disability case. Sentence four remands require a finding of error and result in judgment being entered in favor of the plaintiff. The case is remanded to the Commissioner for rehearing and reconsideration of the evidence, with the plaintiff to be offered a new hearing opportunity. Affected parties in Social Security disability proceedings should note that sentence four remands are themselves final, appealable orders that reset the administrative proceedings.
For SSA disability claimants and their representatives, this order underscores that agreed remands between the parties and the court can result in full reversal and a new hearing before an ALJ. The practical implication is that the plaintiff's disability claim will receive fresh administrative review, potentially leading to a different outcome on the merits.
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Apr 24, 2026GovPing captured this document from the original source. If the source has since changed or been removed, this is the text as it existed at that time.
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April 8, 2026 Get Citation Alerts Download PDF Add Note
SARAH H. v. FRANK BIGANO, COMMISSIONER of SOCIAL SECURITY
District Court, S.D. Illinois
- Citations: None known
- Docket Number: 3:25-cv-01964
Precedential Status: Unknown Status
Trial Court Document
UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
SARAH H., )
)
Plaintiff, )
)
vs. ) CIVIL NO. 3:25-cv-01964-GCS
)
FRANK BIGANO, )
COMMISSIONER of SOCIAL SECURITY, )
)
Defendant. )
MEMORANDUM & ORDER
SISON, Magistrate Judge:
Before the Court is the parties’ Agreed Motion to Remand to the Commissioner.
(Doc. 19). 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 Corp. 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 will “consider the evidence, offer
plaintiff the opportunity for a hearing, and issue a new decision.”
For good cause shown, the parties’ Agreed Motion to Remand to the
Commissioner (Doc. 19) is GRANTED. The final decision of the Commissioner of Social
Security 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: April 8, 2026.
Digitally signed by
. Judge Sison
SAlet D3 Date: 2026.04.08
13:51:01 -05'00"
GILBERT C. SISON
United States Magistrate Judge
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