UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

DON WOODS CASE NO. 6:21-CV-01930 VERSUS JUDGE ROBERT R. SUMMERHAYS COMMISSIONER OF SOCIAL SECURITY MAGISTRATE JUDGE WHITEHURST ADMINISTRATION JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, after an independent review of the record, noting the absence of any objection, and having determined that the findings and recommendations are correct under the applicable law; IT IS ORDERED that the Commissioner’s decision is REVERSED, and this matter is REMANDED to the Commissioner pursuant to the fourth sentence of

(g). | More particularly, the Commissioner is instructed to again evaluate Claimant’s residual functional capacity in light of the new evidence related to Claimant’s cervical spine condition. The claimant should be afforded the opportunity to submit updated medical evidence and to testify at another hearing. THUS DONE AND SIGNED in Lafayette, Louisiana, on this ue of April, 2022.

<a R. SUMMERHAYS ) . UNITED STATES DISTRICT JUDGE A fourth sentence remand constitutes a final judgment that triggers the filing period for an EAJA fee application. Shalala v. Schaeffer,

(1993); Freeman vy. Shalala,

(5" Cir. 1993).