Opinion
Civil Action No. 00-0204-BH-L
September 26, 2000
REPORT AND RECOMMENDATION
This cause is before the Court on Defendant's motion and memorandum pursuant to sentence four of § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), to enter a judgment with remand of the cause to the Defendant (Doc. 13). This motion has been referred to the undersigned for a report and recommendation pursuant to 28 U.S.C. § 636(b)(1)(B), and Local Rule 72.2(c)(3). Upon consideration of all matters presented, it is the recommendation of the undersigned that the cause be remanded to the Commissioner for further proceedings.
In this motion, Defendant requests that this matter be returned to the Commissioner for the purpose of providing the Administrative Law Judge (ALJ) with the opportunity to obtain an accurate indication of the Plaintiff's intellectual functioning by obtaining a consultative psychological examination with IQ testing performed by licensed psychologist and a medical source statement regarding the Plaintiff's level of functioning. Defendant further requests that upon return, the ALJ should consider lay evidence furnished by Plaintiff's teachers, consider subjective complaints in accordance with 20 C.F.R. § 416.929 (c) and SSR 96-7p, and compare the medical and functional consequences of the impairments listed in Appendix 1, Subpart P, Regulation No. 4.
Defendant states that Plaintiff's counsel was contacted and had no objections to the motion 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 should be granted and this cause 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.