Opinion
Civil Action 6:20-cv-00488
04-06-2021
DOROTHY ROGERS on behalf of RANDALL A. ROGERS DECEASED v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION
MAGISTRATE JUDGE HANNA
JUDGMENT
ROBERT R. SUMMERHAYS, UNITED STATES DISTRICT JUDGE
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 determine whether the claimant's impairments met or medically equaled the criteria of Listing 11.04 or any other relevant listed impairment. The claimant's representative should be afforded the opportunity to submit updated medical evidence. Shalala v. Schaeffer, 509 U.S. 292 (1993); Freeman v. Shalala, 2 F.3d 552, 553 (5th Cir. 1993).
A fourth sentence remand constitutes a final judgment that triggers the filing period for an EAJA fee application.