Opinion
Case No. 11-5730 RJB-KLS
12-20-2011
DELIA ERNST, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant.
REPORT AND RECOMMENDATION
This matter has been referred to the undersigned Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule MJR 4(a)(4) and as authorized by Mathews, Secretary of H.E.W. v. Weber, 423 U.S. 261 (1976). This matter is before the Court on the defendant's motion for remand. (ECF #8). After reviewing the defendant's motion, the plaintiff's response indicating no objection [ECF #9] and the remaining record, the undersigned recommends that the Court grant the motion, and remand this matter to the Commissioner for further proceedings pursuant to sentence six of 42 U.S.C. § 405(g).
This Court recommends that on remand the Appeals Council will remand the case for a de novo hearing.
Given the fact of the parties' stipulation, the Court recommends that the District Judge immediately approve this Report and Recommendation and order the case REVERSED and REMANDED. A proposed order accompanies this Report and Recommendation.
Karen L. Strombom
United States Magistrate Judge