Faulk v. Social Security Administration

Filing 19

JUDGMENT adopting 18 Report and Recommendation of the Magistrate Judge reversing the decision of the Commissioner and remanding it to the Commissioner pursuant to the fourth sentence of 42USC405(g). Signed by Judge Robert G James on 7/29/2019. (crt,Crawford, A)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION

ERIC J FAULK

CASE NO. 6:18-CV-00830

VERSUS

JUDGE ROBERT G. JAMES

U.S. COMMISSIONER SOCIAL
SECURITY ADMINISTRATION
JUDGMENT
This matter was referred to United States Magistrate Judge Carol B. Whitehurst 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 this matter is REMANDED to the Commissioner pursuant to the fourth sentence
of 42 U.S.C. ' 405(g) 1 with instructions that the Commissioner reevaluate whether the claimant's
lumbar spine impairments meet or medically equal the criteria of a listed impairment under Listing
1.04(A); properly consider and weigh the post-hearing medical records in the record; and again
evaluate the claimant’s residual functional capacity.
Signed this 29th day of July, 2019.

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).