Opinion
Civil Action 21-181-SDD-SDJ
02-11-2022
HARRIET CORBAN v. ANDREW SAUL, COMMISSIONER OF SOCIAL SECURITY
NOTICE
SCOTT D. JOHNSON UNITED STATES MAGISTRATE JUDGE
Please take note that the attached Magistrate Judge's Report and Recommendation has been filed with the Clerk of the U.S. District Court for the Middle District of Louisiana.
Under 28 U.S.C. § 636(b)(1), you have 14 days from receipt of this Notice to file written objections to the proposed findings of fact and conclusions of law in the Magistrate Judge's Report. A failure to object will constitute a waiver of your right to attack the factual findings on appeal.
ABSOLUTELY NO EXTENSION OF TIME SHALL BE GRANTED TO FILE WRITTEN OBJECTIONS TO THE MAGISTRATE JUDGE'S REPORT.
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
After considering the unopposed Motion to Reverse and Remand (R. Doc. 11) filed by Kilolo Kijakazi, Acting Commissioner of the Social Security Administration (“Acting Commissioner”), the Court RECOMMENDS that the Acting Commissioner's Motion to Reverse and Remand (R. Doc. 11) be GRANTED.
The Court further RECOMMENDS that the Acting Commissioner's June 8, 2020 final administrative decision be REVERSED and REMANDED to the Commissioner, pursuant to sentence four of 42 U.S.C. § 405(g), for further administrative proceedings.
Finally, the Court RECOMMENDS that Plaintiff's action be DISMISSED, reserving Plaintiff's right to the subsequent timely filing of an application for attorney's fees under the Equal Access to Justice Act. See 28 U.S.C. § 2412(d)(1)(B).