Guidry v. Social Security

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION PAUL DEREK GUIDRY CASE NO. 6:23-CV-01742 VERSUS JUDGE DAVID C. JOSEPH COMMISSIONER OF SOCIAL MAGISTRATE JUDGE DAVID J.

SECURITY AYO JUDGMENT Before the Court is an appeal from a denial of benefits by the Commissioner of Social Security. [Doc. 8]. This matter was referred to United States Magistrate Judge David J. Ayo for report and recommendation. After an independent review of the record, noting the absence of objections filed, this Court concludes that the Magistrate Judge’s REPORT AND RECOMMENDATION [Doc. 12] is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED that the Commissioner’s decision denying benefits in this matter is REVERSED and REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g).! The claimant should be afforded the opportunity to submit updated medical evidence and to testify at another hearing.

THUS DONE AND SIGNED in Chambers on this 15 day of April 2025.

DAVID C/JSSEPH UNITED STATES DISTRICT JUDGE 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).