Kennerson v. Social Security Administration

District Court, W.D. Louisiana

Kennerson v. Social Security Administration

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

ANGELA WHEELER KENNERSON CIVIL ACTION NO. 6:18-cv-01344 VERSUS JUDGE JUNEAU U.S. COMMISSIONER, MAGISTRATE JUDGE HANNA SOCIAL SECURITY ADMINISTRATION

JUDGMENT

This matter was referred to United States Magistrate Judge Patrick J. Hanna for report and recommendation. After an independent review of the record, and noting the absence of any objections, this Court concludes that the Magistrate Judge’s report and recommendation is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED that the Commissioner’s decision is REVERSED and REMANDED to the Commissioner pursuant to the fourth sentence of

42 U.S.C. § 405

(g).1 More particularly, the Commissioner is instructed to consider and properly weigh all of the evidence in the record, including but not limited to Dr. Atkinson’s opinions and the VA’s disability rating, and to

1 A fourth sentence remand constitutes a final judgment that triggers the filing period for an EAJA fee application. Shalala v. Schaeffer,

509 U.S. 292

(1993); Freeman v. Shalala,

2 F.3d 552, 553

(5th Cir. 1993). apply the proper legal standard for evaluating the VA’s disability rating. The claimant shall be afforded the opportunity to submit updated medical evidence and

to testify at another hearing. Signed at Lafayette, Louisiana, this 19th day of August , 2019.

MIC dxec J.J NEAU UNITED STATES DISTRICT JUDGE

Reference

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