Opinion
Case No. 7:04-CV-00403.
August 29, 2005
AMENDED FINAL ORDER AND JUDGMENT
For reasons stated in a Memorandum Opinion filed on August 16, 2005, it is ORDERED as follows:
1. This case shall be and hereby is REMANDED to the Commissioner for consideration of new medical evidence;
2. Upon remand, should the Commissioner be unable to decide this case in plaintiff's favor on the basis of the existing record, the Commissioner shall conduct a supplemental administrative hearing at which both sides will be allowed to present additional evidence and argument; and
3. The parties are advised that the court considers this remand order to be a "sentence four" remand. See Melkonyan v. Sullivan, 501 U.S. 89, 111 S. Ct. 2157 (1991); Shalala v. Schaefer, 509 U.S. 292, 113 S. Ct. 2625 (1993). Thus, this order of remand is a final order. Id. If the Commissioner should again deny plaintiff's claim for benefits, and should plaintiff again choose to seek judicial review, it will be necessary for plaintiff to initiate a new civil action within sixty (60) days from the date of the Commissioner's final decision on remand.See 42 U.S.C. § 405(g).
The Clerk is directed to send certified copies of this Order to all counsel of record.