Opinion
Civil Action 00-0756-RV-L
April 19, 2001
JUDGEMENT
In accordance with the Order entered on this date, it is here ORDERED, ADJUDGED, and DECREED that the decision of the Commissioner of Social Security denying claimant benefits be reversed and remanded to the Commissioner for further proceedings not inconsistent with this report and recommendation.
The remand pursuant to sentence four of § 205(g) of the Social Security Act, 42 U.S.C. § 405 (g), makes the Plaintiff a prevailing party under the Equal Access to Justice Act, 28 U.S.C. § 2412, Shalala v. Schaefer, 509 U.S. 292, 113 S.Ct. 2625, 125 L. Ed 2d 239 (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 recommendation of the Magistrate Judge made under 28 U.S.C. § 636 (b)(1)(B) is ADOPTED as the opinion of this Court.
It is ORDERED, ADJUDGED and DECREED that this case be remanded to the Social Security Administration pursuant to sentence four of § 205(g) of the Social Security Act, 42 U.S.C. § 405 (g), for further proceedings consistent with this Order.