Gros v. Commissioner of Social Security
Gros v. Commissioner of Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
JIMMY GROS CASE NO. 6:20-CV-01076
VERSUS JUDGE ROBERT R. SUMMERHAYS
COMMISSIONER OF SOCIAL MAG. JUDGE WHITEHURST SECURITY
JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge [ECF No. 27], and after an independent review of the record, noting the absence of any objections, and having determined that the findings and recommendations are correct under the applicable law, IT IS ORDERED that Claimant’s Motion to Supplement Administrative Record [ECF No. 12] is GRANTED. IT IS FURTHER ORDERED that the Commissioner’s decision is REVERSED, and this matter is REMANDED to the Commissioner pursuant to the fourth sentence of
42 U.S.C. § 405(g).1 More particularly, the Commissioner is instructed to again evaluate the claimant’s residual functional capacity based upon the evidence in the administrative record, as supplemented with the February 2020 medical records from OLSH
1A 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). Neurosurgery. The claimant should additionally be afforded the opportunity to submit updated medical evidence and to testify at another hearing. THUS DONE AND SIGNED in Lafayette, Louisiana, on this Sth day of January, 2022.
ROBERT R. SUMMERHAYS UNITED STATES DISTRICT JUDGE
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