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HARMON v. U.S. COMMISSIONER, 6:14-cv-2660. (2015)

Court: District Court, W.D. Louisiana Number: infdco20160104475 Visitors: 3
Filed: Dec. 16, 2015
Latest Update: Dec. 16, 2015
Summary: JUDGMENT REBECCA F. DOHERTY , District Judge . 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 this matter is REVERSED and REMANDED to the Commis
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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 this matter is REVERSED and REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g)1 with instructions to (1) develop the record with regard to the severity of the claimant's impairments by obtaining a function report either from a consultative examiner or from her treating physician, Dr. Cannon, and by permitting the claimant to supplement the record with any relevant evidence; (2) properly evaluate the severity of each of the claimant's impairments and the combination of her impairments, including but not limited to her obesity, (3) evaluate the claimant's residual functional capacity, and (4) if appropriate, to continue the sequential analysis through all five steps.

FootNotes


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, 113 S.Ct. 2625, 2631 (1993); Freeman v. Shalala, 2 F.3d 552 (5th Cir. 1993).
Source:  Leagle

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