UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

DEFENDANT’S AGREED MOTION FOR AFFIRMANCE

OF AGENCY DECISION ON REMAND AND ENTRY OF FINAL JUDGMENT

Defendant Carolyn W. Colvin, Acting Commissioner of Social Security, by Zachary T. 

Fardon, United States Attorney for the Northern District of Illinois, moves this court for an Order 

affirming the decision of the Commissioner that Plaintiff met the disability requirements under 

the Social Security Act, 42 U.S.C.§§ 423(d), 1381a, and 1382c. Defendant moves this court for 

entry of final judgment pursuant to Federal Rule of Civil Procedure 58.

In support of this motion, Defendant avers:

Plaintiff filed an appeal of an adverse decision of the Commissioner of Social Security in 

2012. After a motion by the Commissioner for remand because the Appeals Council vacated its 

prior action denying Plaintiff’s request for review and remanded the case to an Administrative 

Law Judge (“ALJ”), United States District Court Judge John Z. Lee, issued an order remanding 

the case pursuant to the sixth sentence of 42 U.S.C. § 405(g). Although the case was closed 

administratively on the court’s docket, the court retained jurisdiction over the action. In sentence 

six remands, the court enters judgment after post-remand agency proceedings have been 

completed and their results filed with the court. Shalala v. Schaefer, 509 U.S. 292, 297 (1993). 

MARTIN T. MITCHELL,

Plaintiff,

v.

CAROLYN W. COLVIN, Acting

Commissioner of Social Security,

Defendant.

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No. 12 C 2433

Judge Lee
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On May 17, 2013, an ALJ acting pursuant to this court’s remand order, issued a fully 

favorable decision, finding that Plaintiff was disabled within the meaning of the Social Security 

Act (attached). The time has expired for Plaintiff to file exceptions to the ALJ’s decision and for 

the Appeals Council to review the case on its own motion. 20 C.F.R. §§ 404.984, 416.1484. 

The case, therefore, is concluded and this court should affirm the Commissioner’s decision on 

remand and enter judgment. Plaintiff agrees with this motion.

A proposed order (copy attached) will be submitted to the court’s proposed-order email 

address.

Respectfully submitted,

ZACHARY T. FARDON

United States Attorney

By: s/ James M. Kuhn 

JAMES M. KUHN

Assistant United States Attorney

219 South Dearborn Street

Chicago, Illinois 60604

(312) 353-1877

james.kuhn@usdoj.gov

Of Counsel:

KATHRYN CALDWELL

Acting Regional Chief Counsel

Social Security Administration

MALINDA HAMANN

Special Assistant United States Attorney

Office of the Regional Chief Counsel 

200 West Adams Street, Suite 3000

Chicago, Illinois 60606
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF ILLINOIS

EASTERN DIVISION

ORDER

This matter coming before the court on an agreed motion, and the court being fully 

informed, it is hereby:

ORDERED that defendant’s agreed motion for affirmance of the agency decision on 

remand and entry of judgment is granted. The Commissioner’s decision on remand, finding 

Plaintiff disabled within the meaning of the Social Security Act, is affirmed. The court hereby 

orders entry of final judgment.

E N T E R:

United States District Judge

Dated:

MARTIN T. MITCHELL,

Plaintiff,

v.

CAROLYN W. COLVIN, Acting 

Commissioner of Social Security,

Defendant.

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No. 12 C 2433

Judge Lee