Moreau v. Social Security

Filing 14

JUDGMENT; adopting 13 Report and Recommendations. IT IS ORDERED, ADJUDGED, AND DECREED that the Commissioners decision is REVERSED and REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g).1 More particularly, t he Commissioner is instructed to evaluate whether the claimants impairments meet or medically equal the severity of Listings 12.04 and 12.06 under both Paragraph B and Paragraph C of the listings. The claimant should be afforded the opportunity to submit updated medical evidence and to testify at another hearing.. Signed by Judge Robert R Summerhays on 1/11/2022. (crt,Jordan, P)

Case 6:21-cv-00419-RRS-PJH Document 14 Filed 01/11/22 Page 1 of 2 PageID #: 741

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
DANE MOREAU

CIVIL ACTION NO. 6:21-cv-00419

VERSUS

JUDGE SUMMERHAYS

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, 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 evaluate whether the claimant’s impairments meet or medically equal
the severity of Listings 12.04 and 12.06 under both Paragraph B and Paragraph C of

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).

Case 6:21-cv-00419-RRS-PJH Document 14 Filed 01/11/22 Page 2 of 2 PageID #: 742

the listings. The claimant should be afforded the opportunity to submit updated
medical evidence and to testify at another hearing.
Signed at Lafayette, Louisiana, this 11th day of January, 2022.
____________________________________
ROBERT R. SUMMERHAYS
UNITED STATES DISTRICT JUDGE