Opinion
CA 00-0530-RV-C
January 5, 2001
REPORT AND RECOMMENDATION
The Commissioner has moved for entry of judgment under sentence four of 42 U.S.C. § 405 (g) with remand of this cause for further proceedings. (Doc. 18) The Commissioner proposes a remand for further administrative proceedings to allow the Administrative Law Judge to (1) conduct further evaluation of the claimant's impairments individually and in combination; (2) conduct further evaluation of the claimant's medical source opinions; (3) provide claimant with a supplemental hearing; and (4) further develop the record, as necessary. ( See id. at 1)
The motion to remand reveals that counsel for the defendant, Patricia N. Beyer, Esquire, notified plaintiff's counsel, R. Michael Booker, Esquire, of the contents of the motion and was advised by Mr. Booker that the plaintiff would interpose no objection to the motion to remand. ( See id.)
In light of the foregoing, and the plain language of sentence four of 42 U.S.C. § 405 (g) empowering this Court "to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing[,]" the Magistrate Judge recommends that this cause be reversed and remanded pursuant to sentence four of § 405(g), see Melkonyan v. Sullivan, 501 U.S. 89, 111 S.Ct. 2157, 115 L.Ed.2d 78 (1991), for further proceedings. 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, 113 S.Ct. 2625, 125 L.Ed.2d 239 (1993), and terminates this Court's jurisdiction over this matter.
The attached sheet contains important information regarding objections to the report and recommendation of the Magistrate Judge.