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)
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.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?