Opinion
No. 11-4008-SSA-CV-C-MJW.
May 18, 2011
ORDER
Before the court is the Commissioner's motion of March 25, 2011, requesting the court to enter a final judgment, pursuant to Rule 58 of the Federal Rules of Civil Procedure, reversing the decision of the Administrative Law Judge (ALJ) and remanding this case to the Commissioner under sentence four of 42 U.S.C. § 405(g). The Commissioner states that, upon remand, the ALJ will be "directed to further evaluate plaintiff's residual functional capacity, including his mental limitations, and obtain testimony from a vocational expert concerning any possible jobs the plaintiff could perform based on his residual functional capacity assessment." Plaintiff has filed no response in opposition to the motion.
After consideration of the record, the court finds that a remand, pursuant to sentence four, is warranted. Remand will expedite administrative review, allow the Commissioner to properly consider the claim and could make judicial review unnecessary. Accordingly, it is
ORDERED that the decision of the Administrative Law Judge is reversed, and this case is remanded to the Commissioner under sentence four of 42 U.S.C. § 405(g) for a proper consideration of plaintiff's claim. [9]