Opinion
Civil Action 98-1198-RV-M
January 3, 2001
REPORT AND RECOMMENDATION
In this action under 42 U.S.C. § 405 (g), Plaintiff seeks judicial review of an adverse social security ruling which denied a claim for disability insurance benefits. The action was referred for report and recommendation pursuant to 28 U.S.C. § 636 (b)(1)(B). This action is presently before the Court on Plaintiff's Motion to Reopen the Case and Enter Judgment in Favor of the Plaintiff (Doc. 16). It is recommended that Plaintiff's Motion be granted.
Court records demonstrate that this Court remanded this action to the Social Security Administration on September 28, 1999 pursuant to sentence six of 42 U.S.C. § 405 (g) (Doc. 15). Following that remand, Hawkins received a "fully favorable" decision from the Administration regarding her application (Doc. 16, Exhibit A).
Plaintiff now seeks to have the case reopened and for this court to entered judgment in her favor as a prevailing party (Doc. 16). Jackson v. Chater, 99 F.3d 1086 (11th Cir. 1996) supports such a request. Furthermore, Defendant has indicated that he has no objection to the motion (Doc. 18).
Therefore, it is recommended that this action be reopened. It is further recommended that Judgment be entered in favor of Plaintiff Dora M. Hawkins and against Defendant Kenneth S. Apfel.