Opinion
Civil Action No. 00-0408-P-C
January 1, 2001
JUDGMENT
In accordance with this court's Order entered this date, it is hereby ORDERED, ADJUDGED, and DECREED that the decision of the Commissioner of Social Security denying plaintiff benefits be REVERSED and REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405 (g), for further proceedings not inconsistent with this opinion. The remand pursuant to sentence four of § 405(g) makes the plaintiff a prevailing party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412, Shalala v. Schaefer, 509 U.S. 292 (1993), and terminates this court's jurisdiction over this matter.
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 under 28 U.S.C. § 636 (b)(1)(B), and dated November 1, 2000 (doc. 11), is hereby ADOPTED as the opinion of the court and defendant's Motion For Entry of Judgment Pursuant to Sentence Four of 42 U.S.C. § 405 (g) With Remand of the Cause (doc. 10), is GRANTED.
Accordingly, it is ORDERED that this action be and is hereby REVERSED and REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405 (g), for further proceedings not inconsistent with this opinion. The remand pursuant to sentence four of § 405(g) makes the plaintiff a prevailing party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412. Shalala v. Schaefer, 509 U.S. 292 (1993), and terminates this court's jurisdiction over this matter.