Opinion
CIVIL ACTION NO. 6:16-cv-01227
01-22-2018
MILTON GREEN 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 whether the claimant's mental health condition meets or equals the criteria of a listed impairment. The claimant shall be permitted to submit updated medical records and to testify at another hearing, and the Commissioner shall have the claimant's mental health evaluated by a psychiatrist or psychologist familiar with the criteria of Listings 12.03, 12.04, 12.06, and 12.09.
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 Shreveport, Louisiana, this 22 day of January , 2018.
/s/_________
DONALD E. WALTER
UNITED STATES DISTRICT JUDGE
th Cir. 1993).