Rogers v. Social Security

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION DOROTHY ROGERS on behalf of CIVIL ACTION NO. 6:20-cv-00488 RANDALL A. ROGERS (DECEASED) VERSUS JUDGE SUMMERHAYS COMMISSIONER OF THE SOCIAL MAGISTRATE JUDGE HANNA 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 determine whether the claimant’ impairments met or medically equaled the criteria of Listing 11.04 or any other relevant listed impairment. The claimant’s representative should be afforded the opportunity to submit updated medical evidence.

Signed at Lafayette, Louisiana, this G day of April, 2021.

ROBERT R. SUMMERHAYS UNITED STATES DISTRICT JUDG 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).