Hart Silas v. Colvin

Filing 29

JUDGMENT adopting 28 Report and Recommendation of the Magistrate Judge reversing and remanding this matter to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g). Signed by Judge Robert G James on 6/25/2019. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
CHARMAINE MARIE HART SILAS

CIVIL ACTION NO. 6:18-cv-00121

VERSUS

JUDGE JAMES

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 pursuant to the
fourth sentence of 42 U.S.C. § 405(g).1 More particularly, the Commissioner is
instructed to reconsider whether the claimant experienced medical improvement and
to explain the evidence that supports medical improvement, if any, on any particular

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 (1993); Freeman v. Shalala, 2 F.3d 552,
553 (5th Cir. 1993).

date, and to reevaluate the claimant’s residual functional capacity. The claimant
shall be afforded the opportunity to submit updated medical evidence and to testify
at another hearing.
Signed this 25th day of June, 2019.

2