Daigle v. U.S. Comm'r, Soc. Sec. Admin.

Full title: LOUIS PAUL DAIGLE v. U.S. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

Date published: Nov 16, 2017

CIVIL ACTION NO. 6:16-cv-01445 (W.D. La. Nov. 16, 2017)

Opinion

CIVIL ACTION NO. 6:16-cv-01445

11-16-2017

LOUIS PAUL DAIGLE v. U.S. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION

JUDGE JAMES T. TRIMBLE, JR.

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).¹ More particularly, the Commissioner is instructed to properly evaluate and weigh the medical opinion evidence and to again evaluate the claimant's residual functional capacity. The claimant should be afforded the opportunity to submit updated medical evidence and to testify at another hearing.

1 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 Alexandria, Louisiana, this 16^th day of November, 2017.

/s/_________

JAMES T. TRIMBLE, JR.

UNITED STATES DISTRICT JUDGE

th Cir. 1993).