Opinion
Civil Action No. 99-1060-P-L
June 23, 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. 13). 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 developing the record regarding hospital treatment records for 1997 and early 1998, reassessing the Plaintiff's residual functional capacity, further assessing the Plaintiff's credibility, providing rationale to support the finding reached by the ALJ, obtaining testimony from a vocational expert to resolve the issue of transferability of skills and to consider Plaintiff's potential eligibility for benefits under the Medical-Vocational Guidelines, 20 C.F.R. Pt. 404, Subpt. P, App. 2, Rule 202.06. The Defendant requests that the ALJ conduct a new hearing and issue a new decision.
Defendant states that Plaintiff's counsel was contacted and had no objections 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.