Opinion
6:22-CV-02059
03-28-2024
CANDY LYNCH v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION
DAVID J. AYO MAGISTRATE JUDGE
JUDGMENT
ROBERT R. SUMMERHAYS UNITED STATES DISTRICT JUDGE
This matter was referred to United States Magistrate Judge David J. Ayo 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 because this Court finds that the ALJ's finding regarding the Claimant's residual functional capacity is not support by substantial evidence, the Commissioner's decision is REVERSED and REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g) with instructions to obtain one or more reports regarding the impact of Claimant's conditions, including anemia and colorectal issues, upon her ability to work, either from treating physicians or from consultative physicians, before again evaluating the severity of Claimant's conditions and her residual functional capacity.
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).
THUS DONE.