Opinion
CIVIL ACTION NO. 6:18-cv-01344
08-19-2019
ANGELA WHEELER KENNERSON 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 consider and properly weigh all of the evidence in the record, including but not limited to Dr. Atkinson's opinions and the VA's disability rating, and to apply the proper legal standard for evaluating the VA's disability rating. The claimant shall 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 (5
Signed at Lafayette, Louisiana, this 19th day of August, 2019.
/s/_________
MICHAEL J. JUNEAU
UNITED STATES DISTRICT JUDGE
th Cir. 1993).