Ballback v. Social Security Administration

Filing 10

JUDGMENT adopting Report and Recommendations re 9 Report and Recommendations. The Commissioner's decision is REVERSED and REMANDED to the Commissioner for further administrative action. Signed by Judge Rebecca F Doherty on 04/16/09. (crt,Bacon, C) Modified on 4/16/2009 to correct document name.(Bacon, C).

RECEWED
IN LAFAYETIt, 1k

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA

AP
BY

1

TONJ~4~K
DEPUTY

LAFAYETTE-OPELOUSAS DIVISION
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PAMELA BALLBACK VERSUS COMMISSIONER OF SOCIAL SECURITY

CIVIL ACTION NO. 08-0343 JUDGE DOHERTY MAGISTRATE JUDGE HILL

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*

JUDGMENT
This matter was referred to United States Magistrate Judge C. Michael Hill for Report and Recommendation. After an independent review ofthe 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). This includes, but does not limit, sending the case to the hearing level with instructions to the Administrative Law Judge to obtain a consultative evaluation on claimant's impairments of sleep apnea and daytime sleepiness secondary to medications, as well as any other side effects from claimant's

medications.

Claimant shall be afforded the opportunity to submit additional

evidence and to testi& at a supplemental hearing.' Lafayette, Louisiana, this day of
,

2009.

DISTRICT

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`Any judgment entered herewith will be a "frnal judgment" for purposes of the Equal Access to Justice Act (EAJA). See, Richard v. Sullivan, 955 F.2d 354 (5~ r. t992) and Shalala v. Schaefer, 509 U.S. 292 (1993). d