Opinion
Civil Action No 99-0776-RV-L
June 5, 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. 10). 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) the opportunity to further consider the Plaintiff's impairments if he stopped using drugs and alcohol, and to discuss in the text of the decision any functional limitations noted by the ALJ in the Psychiatric Review Technique Form. Additionally, the Defendant asserts that the ALJ should consider the materiality of drug and/or alcohol abuse in accordance with pertinent regulations and Hallex instructions and the ALJ should consider whether absent substance abuse, the Plaintiff would be able to return to his past relevant work or perform other work existing in significant numbers in the national economy.
Defendant states that Plaintiff's counsel has been notified and has no objection 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.