Opinion
CIVIL 6:21-CV-04206
10-03-2022
RAMONA Y EDWARDS v. COMMISSIONER OF SOCIAL SECURITY
CAROL B. WHITEHURST, MAGISTRATE JUDGE
JUDGMENT
DAVID C. JOSEPH, UNITED STATES DISTRICT JUDGE
For the reasons stated in the REPORT AND RECOMMENDATION of the Magistrate Judge previously filed herein [Doc. 19], after an independent review of the record, noting the absence of any objection, having determined that the findings and recommendations are correct under the applicable law, with the exception of the sentence on page 22 of the REPORT AND RECOMMENDATION stating that, “[t]he Court has never seen a more obvious case of somatoform disorder,” which shall be excised from this JUDGMENT;
IT IS ORDERED that the Commissioner's decision should be 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 re-evaluate Claimant's mental impairments in light of this Court's findings, Claimant's residual functional capacity, whether she is capable of performing her past relevant work, 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 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).