Thibodeaux v. Social Security Administration

Filing 11

JUDGMENT: After an independent review of the record and noting absence of any objections, this Court concludes the Magistrate Judge's 10 Report andRecommendation is correct and adopts the findings and conclusions therein as its own. Accordingly, IT IS ORDERED, ADJUDGED, AND DECREED the Commissioner's decision is REVERSED and REMANDED to the Commissioner for further administrativeproceedings. Signed by Judge S Maurice Hicks on 8/4/2017. (crt,Putch, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION

CLARENCE THIBODEAUX

CIVIL ACTION NO. 16--0444

VERSUS

JUDGE S. MAURICE HICKS, JR.

U.S. COMMISSIONER, 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, ADJUDGED, AND DECREED that the Commissioner’s decision
is REVERSED and REMANDED to the Commissioner for further administrative
proceedings, pursuant to the fourth sentence of 42 U.S.C. § 405(g).1 More particularly, the
Commissioner is instructed to determine whether the claimant’s intellectual impairment
meets or equals the criteria of Listing 12.05 after first fully developing the record by
obtaining treatment notes and other relevant documentation from the mental health care
professionals who provided services to the claimant, permitting the claimant to supplement

1

A fourth sentence remand constitutes a final judgment that triggers the filing period
for an EAJA fee application. See Shalala v. Schaeffer, 509 U.S. 292 (1993); Freeman v.
Shalala, 2 F.3d 552, 553 (5th Cir. 1993).

the record with updated medical records, and permitting the claimant to testify at another
hearing, consistent with the report and recommendation.
THUS DONE AND SIGNED, in Shreveport, Louisiana, this 4th day of August, 2017.

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