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FISHBURN v. SULLIVAN

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK


September 28, 1992

ANNA L. FISHBURN, Plaintiff, against LOUIS W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant.

The opinion of the court was delivered by: VINCENT L. BRODERICK

MEMORANDUM ORDER

 VINCENT L. BRODERICK, U.S.D.J.

 On April 14, 1992, United States Magistrate Judge Sharon E. Grubin filed a Report and Recommendation that this Social Security disability case be remanded to the Secretary of Health and Human Services to obtain further evidence and apply appropriate legal standards. The Secretary does not object to this recommendation but urges that the remand be under sentence 4 of 42 USC 405(g), which refers to judicial decisions "affirming, modifying or reversing" the decision of the Secretary, rather than under sentence 6, which is relevant where the remand is for consideration of new and material evidence. The latter is a more apt description of the substance of the Magistrate Judge's recommendation.

 Under the circumstances, I adopt the Magistrate Judge's Report and Recommendation, remand the case to the Secretary with instructions to implement the steps outlined in that Report and Recommendation pursuant to sentence 6 to 42 USC 405(g), and retain jurisdiction for purposes of dealing with any post-remand events appropriately brought before this court. For administrative purposes, this case is closed.

 SO ORDERED.

 Dated: White Plains, New York

 September 28, 1992

 VINCENT L. BRODERICK, U.S.D.J.

19920928

© 1992-2004 VersusLaw Inc.



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