Opinion
Case No. 01-4178-JAR
August 1, 2002
ORDER OF REVERSAL AND REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
This matter comes before the Court upon the Defendant's Motion to Remand (Doc. 19). The motion requests the Court to reverse and remand this action pursuant to sentence four of 42 U.S.C. § 405(g). The Plaintiff has not objected to the motion. The issue in this case is whether Plaintiff is entitled to benefits under Title II and to supplemental security income benefits under Title XVI of the Social Security Act. The Court finds that this action should be reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) to conduct further proceedings as follows:
Upon receiving the court's final order of remand, the Appeals Council of the Social Security Administration will remand this case and direct the ALJ to reassess the severity of Plaintiff's mental limitations. The ALJ will obtain a consultative mental status examination and arrange for medical expert evidence. The ALJ will also further consider the records and opinion of Plaintiff's treating physician, Dr. Bickelhaupt, and give specific reasons for the weight given to his findings.
Defendant's Motion to Remand (Doc. 19) shall be GRANTED. Entry of a final judgment reversing and remanding this case will begin the appeal period which determines the thirty (30) day period during which a timely application for attorney fees may be filed under the Equal Access to Justice Act, 28 U.S.C. § 2412.
IT IS SO ORDERED.