Opinion
Civil Action No. 00-051 8-RV-S
December 13, 2000
RECOMMENDATION OF MAGISTRATE JUDGE
This cause is before the Court on Defendant's Motion and Memorandum for Entry of Judgment Pursuant to Sentence Four of 42 U.S.C. § 405 (g) with Remand of the Cause to the Defendant (Doc. 15). In the motion to remand, Defendant is requesting that this matter be returned to the Commissioner for the purpose of fully developing the record at the administrative level and correcting a past defect. Defendant is requesting this remand to issue pursuant to sentence four of 42 U.S.C. § 405 (g), which authorizes a court to enter "a judgment affirming, modifying, or reversing the decision of the Secretary, with or without remanding the cause for a rehearing." In Defendant's motion, Defendant states that Plaintiff's counsel has been notified and has no objection to this request.
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 be granted; that the court enter a judgment reversing the decision of the Commissioner; and that this cause be remanded to the Commissioner for action consistent with the Defendant's motion to remand.