Opinion
Civil Action No. 00-0508-AH-S
December 1, 2000
RECOMMENDATION OF MAGISTRATE JUDGE
This cause is before the Court on Defendant's 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. 13). In the motion to remand, Defendant is requesting that this matter be returned to the Commissioner for the purpose of providing the Administrative Law Judge the opportunity to evaluate the claimant's compliance with treatment and medication in accordance with 20 C.F.R. § 404.1530(c), and 416.930(c). The ALJ will also evaluate the opinion of John Dixon, M.D., which indicates disability, in accordance with Social Security Ruling 96-2p. Defendant is requesting this remand to issue pursuant to sentence four of 42 U.S.C. § 405(g), which authorizes a court to enter "a judgment affirming, modifying, or reversing the decision of the Secretary, with or without remanding the cause for a rehearing." Defendant states that Plaintiffs counsel has been notified and has no objection to Defendant's request for remand.
Wherefore, upon consideration of all matters presented, it is the recommendation of the undersigned Magistrate Judge that Defendant's motion to remand under sentence four be granted; that the court enter a judgment reversing the decision of the Commissioner; and that this cause be remanded to the Commissioner for action consistent with the Defendant's motion to remand.
The attached sheet contains important information regarding objections to the report and recommendation of the Magistrate Judge.