Walker v. Astrue

Filing 13

JUDGMENT ADOPTING Magistrate Judge's report and recommendation. IT IS ORDERED that the decision of the Commissioner is REVERSED and REMANDED to the Commissioner for further administrative action. Signed by Judge Richard T Haik, Sr on 3/22/12. (crt,Brazell, G)

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION PATRICK WALKER CIVIL ACTION NO. 6:11-cv-00080 VERSUS JUDGE MELANÇON MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION MAGISTRATE JUDGE HANNA JUDGMENT This matter was referred to United States Magistrate Judge Patrick J. Hanna for report and recommendation. After an independent review of the record, and noting the absence of any objections, this Court concludes that the Magistrate Judge’s report and recommendation [Rec. Doc. 12] is correct and adopts the findings and conclusions therein as its own. Accordingly, it is therefore ORDERED that the decision of the Commissioner is REVERSED and 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 order an updated consultative examination of the claimant or an evaluation by the claimant's treating physician, specifically regarding the effect that the claimant’s severe impairments have on his ability 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). to walk and/or stand for prolonged periods of time. The claimant shall be afforded the opportunity to submit additional evidence and to testify at a supplemental hearing. Signed at Lafayette, Louisiana, this 22 nd day of March, 2012. -2-

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