Thomas v. Social Security

District Court, W.D. Louisiana

Thomas v. Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION KEISHA THOMAS, on behalf of her CIVIL ACTION NO. 6:18-cy-01511 Minor Child, Q.J.F. VERSUS JUDGE SUMMERHAYS 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).!. More particularly, the Commissioner is instructed to evaluate whether Q.J.F.’s visual impairment — alone or in combination with any other impairments he may have — meets medically equals, or functionally

I 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

(5" Cir. 1993).

equals the criteria of any listed impairments. The claimant shall be permitted to submit updated evidence and to testify at another hearing. The Commissioner shall also consider providing a consultative examination by an ophthalmologist. Signed at Lafayette, Louisiana, this “¢ day of ¢ ) Chobas 2019.

ROBERT R. AS. UNITED STATES DISTRICT JUD

Reference

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