Schexnayder v. Social Security Administration

Filing 11

JUDGMENT ADOPTING REPORT AND RECOMMENDATION. 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 November 30, 2001. Signed by Judge Tucker L Melancon on 3/16/09. (crt,Roaix, G)

RECEIVED A ~
MAR 172009
ROBERI H 5H(MWCLL CLER WESTERN DISTRIC1 OF LoUISIANA L AFAYE ITt, LOUISIANA

V

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE-OPELOUSAS DIVISION CIVIL ACTION NO. 07-208 1 JUDGE MELAN~ON

PAUL R. SCIIEXNAYDER VS. MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURiTY ADMINISTRATION

MAGISTRATE JUDGE METHVIN

JUDGMENT

This matter was referred to United States Magistrate Judge Mildred E. Methvin for her 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 Court adopts the conclusions set
forth therein.

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 November 30, 2001.l Lafayette, Louisiana this ~6t~ ay of March, 2009. d

TUCKER L. MELAN~ON

UNITED STATES DISTPJCT JUDGE

This constitutes a "final judgment" that triggers the filing period for an EAJA fee application. Shalala v. Schaeffer, 509 U.S. 292, 113 S.Ct. 2625, 2631 (1993); Freeman v. Shalala, 2 F.3d 552 (5h Cir. 1993).