Young v. Social Security Administration

Filing 12

JUDGMENT ADOPTING findings and conclusions of Report and Recommendation. IT IS ORDERED that the Commissioner's decision is REMANDED to the Commissioner for further administrative action. Signed by Judge Tucker L Melancon on 4/17/12. (crt,Brazell, G)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION ASHLEIGH P. YOUNG CIVIL ACTION NO. 10-1913 VERSUS JUDGE TUCKER L. MELANÇON COMMISSIONER OF SOCIAL SECURITY MAGISTRATE JUDGE HILL JUDGMENT 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 REMANDED to the Commissioner for further administrative action pursuant to the fourth sentence of 42 U.S.C. § 405(g).1 This includes, but does not limit, sending the case to the hearing level with instructions to the Administrative Law Judge to evaluate the opinions of claimant’s treating physician under Myers v. Apfel, 238 F.3d 617 (5th Cir. 2001), and Newton v. Apfel, 1 A fourth sentence remand 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 (5 th Cir. 1993). 209 F.3d 448 (5th Cir. 2000), as well as to obtain an updated residual functional capacity assessment. 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 17th day of April, 2012.

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