UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

DANE MOREAU CIVIL ACTION NO. 6:21-cv-00419

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

(g).1 More particularly, the Commissioner is instructed to evaluate whether the claimant’s impairments meet or medically equal the severity of Listings 12.04 and 12.06 under both Paragraph B and Paragraph C of

1 A fourth sentence remand constitutes a final judgment that triggers the filing period for an EAJA fee application. Shalala v. Schaeffer,

(1993); Freeman v. Shalala,

(5th Cir. 1993). the listings. The claimant should be afforded the opportunity to submit updated medical evidence and to testify at another hearing. Signed at Lafayette, Louisiana, this 11th day of January, 2022.

ROBERT R. SUMMERHAYS UNITED STATES DISTRICT JUDGE