Summary
finding that ALJ needed to issue Singletary finding when Plaintiff had four separate hospitalizations related to her bipolar disorder over two and a half years
Summary of this case from Fletcher v. Comm'r, SSAOpinion
CIVIL ACTION NO. 6:19-cv-01073
08-07-2020
SABRINA DARBY v. U.S. COMMISSIONER, 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). More particularly, the Commissioner is instructed to reevaluate the claimant's residual functional capacity, to make a specific finding with regard to whether the claimant can sustain employment, and to make a specific finding with regard to whether the claimant's obesity, when analyzed in combination with her other impairments, is disabling. The claimant should be permitted to update the medical evidence and to testify at another hearing.
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 (5
Signed at Lafayette, Louisiana, this 7th day of August, 2020.
/s/_________
ROBERT R. SUMMERHAYS
UNITED STATES DISTRICT JUDGE
th Cir. 1993).