IN THE 

UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF ILLINOIS 

EASTERN DIVISION 

RUEBEN MARTINEZ, ) 

 ) 

 Plaintiff, ) 

 ) No. 02 C 1905 

 v. ) 

 ) Judge Gettleman 

JO ANNE B. BARNHART, Commissioner ) 

of the Social Security Administration, ) 

 ) 

 Defendant. ) 

AGREED MOTION FOR ENTRY OF JUDGMENT

Now comes the plaintiff, Rueben Martinez, by his attorneys, Robert C. Kielian and M. 

Jacqueline Walther, and moves that this Court enter judgment in this cause. In support of this 

motion, plaintiff states as follows: 

1. This cause was before the court on plaintiff’s complaint seeking judicial review of a 

decision of the defendant, the Commissioner of the Social Security Administration (SSA), 

denying plaintiff’s application for Disability Insurance Benefits (DIB) and Supplemental 

Security Income (SSI) under the Social Security Act. 

2. The parties, by their attorneys, entered into an agreement that the case should be 

remanded by the court under sentence six of 42 U.S.C. §405(g). An agreed motion for remand 

was filed on August 2, 2002. The court entered an order, on August 16, 2002, granting the 

agreed motion and remanding the case to SSA for further proceedings. 

3. When a case is remanded under sentence six of 42 U.S.C. §405(g), the court retains 

jurisdiction of the cause. See Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157, 115 L.Ed.2d 

78 (1991). 

4. In the proceedings on remand, an administrative law judge (ALJ) has issued a decision 
finding that Mr. Martinez has been disabled since March 1, 2001. This onset date was amended 

from that originally alleged. 1

5. Mr. Martinez did not file exceptions following the decision of the ALJ, and the time 

within which the Appeals Council could have reviewed the ALJ decision on its own motion has 

expired. The ALJ decision, therefore, is the final decision of SSA in this cause. 

6. Mr. Martinez respectfully requests that this Court now issue judgment in his favor in 

this case, in order to conclude the case in the court system. 

7. On January 18, 2007, counsel for plaintiff, M. Jacqueline Walther, had telephone 

conversations with counsel for defendant, Assistant United States Attorney Jack Donatelli and 

Assistant Regional Counsel for SSA, Edward Kristof. Messrs. Donatelli and Kristof stated that 

they did not object to this motion. 

Wherefore, plaintiff requests that the Court enter judgment in his favor, noting the 

finding that he has been disabled since March 1, 2001. 

 Respectfully submitted, 

 /s/ M. Jacqueline Walther

 One of plaintiff’s attorneys 

Robert C. Kielian 

M. Jacqueline Walther 

Kielian and Walther 

33 West Jackson Blvd., Suite 201 

Chicago, Illinois 60604 

(312) 663-0842 

 

1

 In the interests of Mr. Martinez’s privacy and as court documents are now electronically filed, a copy of the ALJ 

decision is not being electronically filed. A copy of the ALJ decision has been submitted to Mr. Kristof, one of the 

attorneys for SSA, and a copy is attached to the paper copy of this motion being submitted to the judge. 

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CERTIFICATE OF SERVICE

 The undersigned attorney hereby certifies that the foregoing document was served on 

January 19, 2007, in accordance with Fed. R. Civ. P. 5, Local R. 5.5, and the General Order on 

Electronic Case Filing pursuant to the court’s electronic case filing (ECF) system as to ECF 

filers, by first class mail as to non-ECF filers, and that a paper copy was delivered to the Court. 

 /s/ M. Jacqueline Walther 

3