James v. Social Security Administration

Filing 18

JUDGMENT ADOPTING 17 Report and Recommendations, 1 Complaint, filed by Rachelle Lakia James. IT IS ORDERED that the Commissioner decision is REMANDED to the Commissioner for further administrative action. Signed by Judge Tucker L Melancon on 05/10/2012. (crt,Williams, L)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
RACHELLE LAKIA JAMES

DOCKET NO. 6:11-cv-00465

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 is correct and adopts the findings and conclusions therein as its
own. Accordingly, it is
ORDERED 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 is not limited to, sending the case to the hearing
level with instructions to the Administrative Law Judge to obtain updated medical,
mental health, and school records for the claimant as well as an updated consultative
examination of the claimant or an evaluation by claimant's treating physician,
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).

specifically with regard to the issue of whether the claimant’s impairments meet,
medically equal, or functionally equal a listed impairment. The 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 10th day of May,
2012.

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