Courville v. Social Security Administration

Filing 21

JUDGMENT ADOPTING 20 Report and Recommendations. Signed by Judge Tucker L Melancon on 2/3/09. (crt,Jordan, Paula)

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Pqs~T-EDSTATESDISTR1CTCOURT WaTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION CIVIL ACTION NO. 07-1377 JUDGE MELANQON MAGISTRATE JUDGE HiLL JUDGMENT

MILTON COURVILLE VERSUS COMMISSIONER OF SOCIAL SECURITY

This matter was referred to United States Magistrate Judge C. Michael Hill for Report and Recommendation. After an independent review of the record, and noting the absence of any objections, this Court concludes that the Report and Recommendation of the Magistrate Judge is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that the Commissioner's decision is REVERSED and REMANDED to the Commissioner for further administrative action pursuant to the fourth sentence of 42 U.S.C.

§

405(g). Accordingly, the undersigned recommends that this case be

REMANDED to the Commissioner for further administrative action pursuant to the fourth sentence of 42 U.S.C.

§ 405(g).

This includes, but does not limit, sending the

case to the hearing level with instructions to the Administrative Law Judge to give claimant an opportunity to confront and cross-examine Dr. Stephen Wilson, or to enable him to obtain a medical opinion from another expert of his choice, and to undergo a consultative psychological examination. Claimant shall be afforded the

opportunity to submit additional evidence and to testify at a supplemental hearing) THUS DONE AND SIGNED in Lafayette, Louisiana, this 3rd day of February, 2009.

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Tucker L. Melangon United States District Judge

Any judgment entered herewith will be a "final judgment' for purposes of the Equal Access to Justice Act (EAJA). See, Richard v. Sullivan, 955 F.2d 354 (5th Cir. 1992) and Shalala v. Schaefer, 509 U.S. 292 (1993).