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Davis v. Massanari

United States District Court, S.D. Alabama, Southern Division
May 7, 2001
CA 00-0953-RV-C (S.D. Ala. May. 7, 2001)

Opinion

CA 00-0953-RV-C

May 7, 2001


REPORT AND RECOMMENDATION


The Commissioner has moved for entry of judgment under sentence four of 42 U.S.C. § 405(g) with remand of this cause for further proceedings. (Doc. 13) The Commissioner proposes a remand for further administrative proceedings to allow the Administrative Law Judge to (1) reevaluate the claimant's mental impairment, with specific findings regarding functional limitations; (2) evaluate further the credibility of the claimant's subjective allegations; and (3) obtain vocational evidence, if necessary. ( See id. at 1)

The motion to remand reveals that counsel for the defendant, Patricia N. Beyer, Esquire, notified plaintiff's counsel, Colin E. Kemmerly, Esquire, of the contents of the motion and was advised by Mr. Kemmerly that the plaintiff would interpose no objection to the motion to remand. ( Id.)

In light of the foregoing, and the plain language of sentence four of 42 U.S.C. § 405(g) empowering this Court "to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing[,]" the Magistrate Judge recommends that this cause be reversed and remanded pursuant to sentence four of § 405(g), see Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991), for further proceedings. 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, 113 S.Ct. 2625, 125 L.Ed.2d 239 (1993), and terminates this Court's jurisdiction over this matter.

Oral argument, previously scheduled in this case for June 1, 2001 (Doc. 12), is hereby CANCELED.


Summaries of

Davis v. Massanari

United States District Court, S.D. Alabama, Southern Division
May 7, 2001
CA 00-0953-RV-C (S.D. Ala. May. 7, 2001)
Case details for

Davis v. Massanari

Case Details

Full title:Arteilla Davis, Plaintiff, v. Larry G. Massanari, Acting Commissioner of…

Court:United States District Court, S.D. Alabama, Southern Division

Date published: May 7, 2001

Citations

CA 00-0953-RV-C (S.D. Ala. May. 7, 2001)