Opinion
Civil Action No. 00-0307-P-S.
September 28, 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. 11). In the motion to remand, Defendant is requesting that this matter be returned to the Commissioner for the purpose of providing the Administrative Law Judge the opportunity to reevaluate the severity of Claimant's mental impairments, including reassessment of the evaluations by the two state agency psychiatrists. The ALJ should further evaluate the credibility of Claimant's subjective complaints, further determine Claimant's mental residual functional capacity and provide Claimant with a supplemental hearing, if necessary, as determined by the results of the reevaluations. 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 for remand, Defendant states that counsel for plaintiff has been notified and has no objection to this motion.
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.
The attached sheet contains important information regarding objections to the report and recommendation of the Magistrate Judge.