Gaspard v. Social Security Administration
Gaspard v. Social Security Administration
Trial Court Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
DEUSSARD JOSEPH GASPARD CIVIL ACTION NO. 6:20-cv-00491
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).1 More particularly, the Commissioner is instructed to (1) determine whether the claimant’s CRPS is a severe impairment, (2) determine whether his CRPS when combined with his other impairments meets or medically equals a listing, and (3) reevaluate his residual functional capacity, taking
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). his CRPS into account. The claimant should be afforded the opportunity to submit updated medical evidence and to testify at another hearing. Signed at Lafayette, Louisiana, this 10th day of September, 2021.
ROBERT R. SUMMERHAYS UNITED STATES DISTRICT JUDGE
Reference
- Status
- Unknown