Langhamer v. Barnhart
Langhamer v. Barnhart
Opinion
United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 30, 2005
Charles R. Fulbruge III Clerk No. 04-20651 Summary Calendar
LYNETTE J. LANGHAMER,
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 USDC No. 4:03-CV-2902 --------------------
Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.
PER CURIAM:*
Lynette J. Langhamer appeals the affirmance of the
Commissioner’s denial of her claim for disability benefits. The
Commissioner has filed an unopposed motion to remand pursuant to
the fourth sentence of
42 U.S.C. § 405(g) to allow
reconsideration of the denial of benefits.
A remand pursuant to the fourth sentence of
42 U.S.C. § 405(g) requires that this court also enter a judgment
affirming, reversing, or modifying the Commissioner’s decision.
* 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 R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR.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. No. 04-20651 -2-
See Shalala v. Schaefer,
509 U.S. 292, 296-97(1993). Therefore,
we REVERSE the district court’s judgment, GRANT the motion to
remand, and REMAND to the district court with instructions to
remand to the Commissioner for rehearing.
Reference
- Status
- Unpublished