Filed: Oct. 20, 2004
Latest Update: Feb. 21, 2020
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 20, 2004 Charles R. Fulbruge III Clerk No. 04-40324 Summary Calendar MICHAEL J. MORALES, Plaintiff-Appellant, versus JO ANNE B. BARNHART, Commissioner of the Social Security Administration, Defendant-Appellee. - Appeal from the United States District Court for the Southern District of Texas USDC No. B-03-CV-82 - Before JOLLY, DAVIS, and WIENER, Circuit Judges. PER CURIAM:* M
Summary: United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT October 20, 2004 Charles R. Fulbruge III Clerk No. 04-40324 Summary Calendar MICHAEL J. MORALES, Plaintiff-Appellant, versus JO ANNE B. BARNHART, Commissioner of the Social Security Administration, Defendant-Appellee. - Appeal from the United States District Court for the Southern District of Texas USDC No. B-03-CV-82 - Before JOLLY, DAVIS, and WIENER, Circuit Judges. PER CURIAM:* Mi..
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United States Court of Appeals
Fifth Circuit
F I L E D
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT October 20, 2004
Charles R. Fulbruge III
Clerk
No. 04-40324
Summary Calendar
MICHAEL J. MORALES,
Plaintiff-Appellant,
versus
JO ANNE B. BARNHART, Commissioner of
the Social Security Administration,
Defendant-Appellee.
--------------------
Appeal from the United States District Court
for the Southern District of Texas
USDC No. B-03-CV-82
--------------------
Before JOLLY, DAVIS, and WIENER, Circuit Judges.
PER CURIAM:*
Michael J. Morales appeals the affirmance of the
Commissioner’s denial of his application for Supplemental
Security Income. The Commissioner has filed an unopposed motion
to remand for further administrative proceedings, pursuant to the
fourth sentence of 42 U.S.C. § 405(g).
A remand pursuant to the fourth sentence of 42 U.S.C.
§ 405(g) requires that this court also enter a judgment
affirming, reversing, or modifying the Commissioner’s decision.
*
Pursuant to 5TH CIR. R. 47.5, the court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
No. 04-40324
-2-
See Shalala v. Schaefer,
509 U.S. 292, 296-97 (1993). Therefore,
we REVERSE the district court’s judgment, GRANT the motion to
remand, and REMAND to the district court with instructions to
remand to the Commissioner for rehearing.