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Johnson v. Commissioner of Social Security, 6:17-CV-01371. (2019)

Court: District Court, W.D. Louisiana Number: infdco20190313a26 Visitors: 3
Filed: Mar. 12, 2019
Latest Update: Mar. 12, 2019
Summary: JUDGMENT ROBERT G. JAMES , District Judge . 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, consistent with the report and recommendation, the
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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, consistent with the report and recommendation, the Commissioner's decision is REVERSED and REMANDED for a rehearing pursuant to the fourth sentence of 42 U.S.C. § 405(g)1 to determine what effect, if any, the newly submitted records have on the determination of the claimant's disability.

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 (1993); Freeman v. Shalala, 2 F.3d 552, 553 (5th Cir. 1993).
Source:  Leagle

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