WILLIAM E. CASSADY, United states District Court Magistrate Judge.
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. 10) The Commissioner proposes a remand for further administrative proceedings to allow the Administrative Law Judge to (1) conduct further evaluation of the claimant's mental impairments, particularly the evidence which reveals major depression and a cognitive disorder; (2) give further consideration to the claimant's mental and physical residual functional capacity based upon the foregoing evidence; (3) provide claimant with a supplemental hearing, if necessary, to evaluate the above-referenced evidence; (4) provide claimant the opportunity to offer supplemental evidence; and (5) reevaluate the existence of alternative work for the claimant. ( Id. at 1-2)
The motion to remand reveals that counsel for the defendant, Patricia N. Beyer, Esquire, notified plaintiff's counsel, Byron A. Lassiter, Esquire, of the contents of the motion and was advised by Mr. Lassiter that the plaintiff would interpose no objection to the motion to remand. ( See id. at 2)
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 [j] 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.