Opinion
Civil Action 07-00573-WS-B.
January 22, 2008
ORDER
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made pursuant to 28 U.S.C. § 636(b)(1)(B) and dated December 17, 2007 is hereby ADOPTED as the opinion of this Court.
Accordingly, for good cause shown, it is ORDERED that Defendant's unopposed Motion and Memorandum for Entry of Judgment Pursuant to Sentence Four of 42 U.S.C. § 405(g) with Remand of the Cause to the Defendant (Doc. 6) be and hereby is GRANTED, and that this action is REMANDED to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) with these instructions:
[F]or further administrative proceeding because the Administrative Law Judge's record contains procedural errors and the evidence does not support his findings. Upon receipt of the Court's order remanding the case, the Commissioner will remand the case to a different Administrative Law Judge for a de novo hearing.
This remand, pursuant to sentence four of Section 405(g), makes Plaintiff a prevailing party for purposes of the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. Shalala v. Schaefer, 509 U.S. 292 (1993).DONE and ORDERED.