Opinion
Civil Action No. 00-0307-P-S.
October 9, 2000.
JUDGMENT
In accordance with this court's Order entered this date, it is hereby ORDERED, ADJUDGED, and DECREED that the decision of the Commissioner of Social Security denying plaintiff benefits be REVERSED and REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings not inconsistent with this opinion. The remand pursuant to sentence four of § 405(g) makes the plaintiff a prevailing party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412,Shalala v. Schaefer, 509 U.S. 292 (1993), and terminates this court's jurisdiction over this matter.
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 Jrudge made under 28 U.S.C. § 636(b)(1)(B), and dated September 28, 2000 (doc. 12), is hereby ADOPTED) as the opinion of the court.
Accordingly, it is ORDERED that this action be and is hereby REVERSED and REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further proceedings not inconisistent with this opinion. The remand pursuant to sentence four of § 405(g) makes plaintiff a prevailing party for purposes of the Equal Access to Justice Act, 28 U.S.C. § 2412 Shalala v. Schaefer, 509 U.S. 292 (1993), and terminates this court's jurisdiction over this matter.