Marcantel v. Social Security Administration

Filing 22

JUDGMENT ADOPTING findings and conclusions of Report and Recommendation. IT IS ORDERED that the Commissioner's decision is REVERSED and REMANDED. Signed by Judge Rebecca F Doherty on 4/27/09. (crt,Brazell, G)

RECEIVED
USDC, WESTE RN DISTRICT OF LA DATEJ~ ~4OORErCLE & 7

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION

RO~AL1EMARCANTEL VERSUS COMMISSIONER OF SOCIIAL SECURITY
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CIVIL ACTION NO. 07-1964 JUDGE DOHERTY MAGISTRATE JUDGE HILL

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AMENDED JUDGMENT' This matter was referred to United States Magistrate Judge C. Michael HiU for Rep: rt and Recommendation. After an independent review of the record, and noting the ibsence of any objections, this Court concludes that the Report and Reccmmendation of the Magistrate Judge is conc usions therein as its own. Accordingly, IT IS THEREFORE ORDERED, ADJUDGED AND DE(I REED that the Commissioner's decision is REVERSED and REMANDED to the (I ommissioner for further administrative action pursuant to the fourth sentence of 42 U S.C.
correct

and adopts the findings and

§ 405(g).

This includes, but does not limit, sending the case to the hearing

level, with instructions to the Administrative Law Judge to obtain a consultative

`The original judgment issued by this Court on April 2 1, 2009 erroneously stated, "the Commissioner's decisi~n is AFFIRMED, and this action is DISMISSED WITH PREJUDICE." [Doe. 20, ¶ 2~ his Amended : T J udgn ill `~issued to correct that error.

psyciiatric and/or psychological evaluation on claimant's mental impairment of bord~rlinentellectual functioning and its effect on the onset date.2 i Lafayette, Louisiana, this

J7 day of April, 2009.

RERECCAJF. DOHE

Y UNITED TATE S DISTRICT JUDGE

2

Anyjudgment 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 S/ia/ala v. Schaefer, 509 U.S. 292 (1993).