Carter v. Social Security Administration

Filing 18

JUDGMENT ADOPTING 17 Report and Recommendations. Accordingly, IT IS ORDERED, ADJUDGED AND DECREED that the Commissioner's decision is REVERSED and that benefits are awarded consistent with an onset date of January 27, 2004. Signed by Judge Tucker L Melancon on 5/1/09. (crt,Jordan, P)

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RECEIVED USDC, WE STERN DISTRICT OF LA DATE ~ CLERK UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION JAR ETHER CARTER olb/o J.~.C. \ VS. MICHAEL J. ASTRUE CIVIL ACTION NO. 07-1731 JUDGE MELAN~ON MAGISTRATE JUDGE METHVIN COI\IMISSIONER OF SOCIAL SECURITY JUDGMENT This matter was referred to United States Magistrate Judge Mildred E. Methvin for F er Report and Recommendation. After an independent review of the record and the applicable jurisprudence, and noting the absence of objection, this Court concludes that the Findings and Recommendation of the magistrate judge are correct and this Cou -t adopts the conclusions set forth therein. Accordingly, IT IS ORDERED, ADJUDGED AND DECREED that the Con `missioner's decision is REVERSED and that benefits are awarded consistent with an onsut date of January 27, 2004.1 Lafayette, Louisiana this 1st day of May, 2009. UNITED STATES DISTRICT JUDGE This constitutes a "final judgment" that triggers the filing period for an EAJA fee application. Shalala v. SchaeIfer, 509 U.S. 292, 113 S.Ct. 2525, 2631 (1993); Freeman v. Shalala, 2 F.3d 552 (5th Cir. 1993).

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