IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT _______________ m 02-20029 _______________

RUSSELL S. BUCSANYI, Plaintiff-Appellant, VERSUS JO ANNE B. BARNHART, Commissioner of Social Security, Defendant-Appellee.

_________________________ Appeal from the United States District Court for the Southern District of Texas (H-01-CV-2406) _________________________ December 4, 2002 Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.

PER CURIAM:*

IT IS ORDERED that the “Commissioner’s Unopposed Motion To Reverse and Remand for Further Administrative Proceedings” is

* Pursuant to 5TH CIR. R. 47.5, the Court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4.

GRANTED. Specifically, the judgment of the district court is VACATED, and this matter is REMANDED to the district court, which is directed to enter final judgment remanding this matter to the Commissioner of Social Security for further administrative pro- ceedings, pursuant to the fourth sentence of 42 U.S.C. § 405(g).

This court appreciates the candor of the Commissioner’s attor- ney in acknowledging, albeit only a few days before oral argument, that counsel “does not believe the [administrative law judge’s] decision is defensible.”