Gros v. Commissioner of Social Security

District Court, W.D. Louisiana

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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