Darby v. Commissioner of Social Security
Darby v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION SABRINA DARBY CIVIL ACTION NO. 6:19-cv-01073 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 reevaluate the claimant’s residual functional capacity, to make a specific finding with regard to whether the claimant can sustain
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 vy. Shalala,
2 F.3d 552, 553(5 Cir. 1993).
employment, and to make a specific finding with regard to whether the claimant’s obesity, when analyzed in combination with her other impairments, is disabling. The claimant should be permitted to update the medical evidence and to testify at another hearing. Signed at Lafayette, Louisiana, this 71 Yay of lus ust 2020.
UNITED STATES DISTRICT E
Reference
- Status
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