Opinion
CIVIL ACTION 07-00427-WS-B.
December 17, 2007
ORDER
After due and proper consideration of all portions of this file deemed relevant to the issues raised, and there having been no objections filed, the Report and Recommendation of the Magistrate Judge made pursuant to 28 U.S.C. § 636(b)(1)(B) and dated November 13, 2007 is hereby ADOPTED as the opinion of this Court.
Accordingly, for good cause shown, it is ORDERED that Defendant's unopposed 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. 12) be and hereby is GRANTED, and that this action is REMANDED to the Social Security Administration pursuant to sentence four of 42 U.S.C. § 405(g) with these instructions:
[T]he Appeals Council will remand this case to an Administrative Law Judge (ALJ), who will be directed to contact Plaintiff's treating physician, Dr. Gacek, for an explanation of the term "fullness" and ascertain how, if at all, it limits Plaintiff's functional abilities; and if the ALJ determines to give less than controlling weight to the opinion of Dr. Gacek, articulate reasons why good cause exists to disregard his opinion.
This remand, pursuant to sentence four of Section 405(g), makes Plaintiff a prevailing party for purposes of the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412. Shalala v. Schaefer, 509 U.S. 292 (1993).