Leonard v. Commissioner of Social Security

District Court, W.D. Louisiana

Leonard v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

JOSEPH LEONARD CASE NO. 6:22-CV-00068 VERSUS JUDGE ROBERT R. SUMMERHAYS COMMISSIONER OF SOCIAL MAGISTRATE JUDGE CAROL B. SECURITY WHITEHURST

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 □□ any objection, and having determined that the findings and recommendations are correct under the applicable law; IT IS ORDERED that the Commissioner’s decision should be REVERSED and 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 in light of his history of mental health treatment, his inability to work with others, as evidenced over the course of his life since childhood, and his history of receiving benefits for the same impairments. The claimant should be afforded the opportunity to submit updated medical evidence and to testify at another hearing.

A 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

(5 Cir. 1993).

THUS DONE AND SIGNED in Lafayette, Louisiana, on this 28a of October, 2022.

a 7 f/f DAK eA ROBERT R. SUMMERHAYS | UNITED STATES DISTRICT JUD

Page 2? of 2

Reference

Status
Unknown