Opinion
Civil Action No. 00-0516-BH-L.
December 27, 2000
REPORT AND RECOMMENDATION
This cause is before the Court on Defendant's Motion and Memorandum for Entry of Judgment 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 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 providing the Administrative Law Judge the opportunity to further evaluate whether Plaintiffs impairments, individually or in combination, are severe, and if so, continue the sequential evaluation process and perform further development and analysis if necessary. Additionally, Defendant requests that the ALJ provide Plaintiff with opportunity for a supplemental hearing.
Defendant states that Plaintiffs counsel was contacted and does not object 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.
The attached sheet contains important information regarding objections to the report and recommendation of the Magistrate Judge.