Guidry v. Astrue

Filing 17

ORDER adopting Report and Recommendations re 16 Report and Recommendations. Accordingly, it is ORDERED that this action is REMANDED to the Commissioner for further administrative action pursuant to the sixth sentence of 42 U.S.C. § 405(g). Th is includes, but does not limit, sending the case to the hearing level with instructions to the Administrative Law Judge to reassess claimants condition based on the new and material evidence. This order of remand is not a final judgment. Thus, the C ommissioner is further ORDERED to file any additional or modified findings of facts and decision and a transcript with theadditional record and testimony... 42 U.S.C. § 405(g). Upon conclusion of the postremand proceedings, the Commissioner shal l report to the Court what action has been taken within 60 days, so that a final judgment affirming, modifying or reversing the Commissioners decision may be entered by the Court. If the Commissioner does not comply with the Courts order to keep it apprised within the time, then claimant shall advise the Court immediately. Failure to comply with this Order within the deadline may subject the Commissioner to sanctions. Signed by Judge Tucker L Melancon on 3/7/2012. (crt,Kennedy, T)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
VANICE D. GUIDRY

CIVIL ACTION NO. 10-1605

VERSUS

JUDGE TUCKER L. MELANÇON

COMMISSIONER OF SOCIAL
SECURITY

MAGISTRATE JUDGE HILL

ORDER
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
ORDERED that this action is REMANDED to the Commissioner for further
administrative action pursuant to the sixth 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 reassess claimant’s condition based on the new and material evidence. This
order of remand is not a final judgment. Thus, the Commissioner is further ORDERED to
file any “additional or modified findings of facts and decision and a transcript with the
additional record and testimony . . .” 42 U.S.C. § 405(g). Upon conclusion of the postremand proceedings, the Commissioner shall report to the Court what action has been taken
within 60 days, so that a final judgment affirming, modifying or reversing the
Commissioner’s decision may be entered by the Court. If the Commissioner does not comply

with the Court’s order to keep it apprised within the time, then claimant shall advise the
Court immediately.
Failure to comply with this Order within the deadline may subject the
Commissioner to sanctions.
Thus done and signed in Lafayette, Louisiana, this 7 th day of March, 2012.