Wright v. Social Security Administration

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION JAN WRIGHT CIVIL ACTION NO. 6:24-01760 VERSUS JUDGE ELIZABETH E. FOOTE COMMISSIONER OF SOCIAL SECURITY MAGISTRATE JUDGE CAROL B.

ADMINISTRATION WHITEHURST JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein [Record Document 16], 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 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 consider all new evidence, to evaluate whether Claimant meets the requirements of Listing 11.04, and, if necessary, to re- evaluate Claimant's residual functional capacity and whether she is capable of performing work on a regular and continuing basis. The claimant should be afforded the opportunity to submit updated medical evidence and to testify at another hearing.

1A fourth sentence remand constitutes a final judgment that triggers the filing period for an Equal Access to Justice Act 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 this 25th day of September, 2025.

ELIZABETH ERA Ez UNITED STATES D#STRICT JUDGE /