Falgout v. Social Security
Filing
13
JUDGMENT adopting 12 Report and Recommendations re 1 Complaint, filed by Evangelia Falgout. Signed by Judge Robert R Summerhays on 10/23/2024. (crt,Craig-Fontenot, C)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF LOUISIANA
LAFAYETTE DIVISION
EVANGELIA FALGOUT CASE NO. 6:24-CV-00534
VERSUS JUDGE ROBERT R. SUMMERHAYS
U.S. COMMISSIONER OF MAG. JUDGE WHITEHURST
SOCIAL SECURITY
JUDGMENT
For the reasons stated in the Report and Recommendation of the Magistrate Judge,
and aflter an independent review of the record, noting the absence of any objection, and
having determined that the findings and recommendations are correct under the applicable
law;
IT IS ORDERED 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. ยง
405(g).1 More particularly, the Commissioner is instructed to re-evaluate Claimant's
residual functional capacity, whether Claimant is capable of performing sedentary work
with restrictions accounting for POTS^ and whether she is disabled. The claimant should
be afforded the opportunity to submit updated medical evidence and to testify at another
hearing.
A fourth sentence remand constitutes a fmal 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).
1
THUS DONE AND SIGNED in Lafayette, Louisiana, on this 3.? day of
October, 2024.
)BERT R. SUMWRHAYS
UNITED STATES DISTRICT JUDGEf
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