Bessard v. Social Security
Bessard v. Social Security
Trial Court Opinion
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION
WILLIA DEAN BESSARD CASE NO. 6:21-CV-01876 VERSUS JUDGE ROBERT R. SUMMERHAYS U.S. COMMISSIONER OF MAGISTRATE JUDGE WHITEHURST SOCIAL SECURITY
JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge, previously filed herein, and 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
42 U.S.C. § 405(g).! More particularly, the Commissioner is instructed to again evaluate the claimant’s residual functional capacity and whether claimant is disabled. The claimant should be afforded the opportunity to submit updated medical evidence and to testify at another hearing. THUS DONE in Chambers on this | day of f V ay , 2022.
UNITED STATES DISTRICT JUD
' A fourth sentence remand constitutes a final judgment that triggers the filing period for an EAJA fee application. Shalala vy. Schaeffer,
509 U.S. 292(1993); Freeman y. Shalala,
2 F.3d 552, 553(5th Cir. 1993).
Reference
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