Opinion
CIVIL ACTION NO. 19-400-BAJ-SDJ
04-29-2020
LISA PRICE WELCH v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION
NOTICE
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.
Signed in Baton Rouge, Louisiana, on April 29, 2020.
/s/ _________
SCOTT D. JOHNSON
UNITED STATES MAGISTRATE JUDGE
MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION
After considering the unopposed Motion to Remand (R. Doc. 12) filed by the Commissioner of the Social Security Administration (Commissioner), the Court RECOMMENDS that the Commissioner's Motion to Remand (R. Doc. 12) be GRANTED.
The Court further RECOMMENDS that the Commissioner's July 19, 2018 final administrative decision be REVERSED and REMANDED to the Commissioner, pursuant to sentence 4 of 42 U.S.C. § 405(g). Upon remand, and as specifically requested by the Commissioner (R. Doc. 12-1), further administrative proceedings will be conducted, as follows:
[T]he Administrative Law Judge (ALJ) will reevaluate the nature and severity of Plaintiff's physical and mental impairments at step 2 of the sequential evaluation and reassess Plaintiff's residual functional capacity, and, if warranted, acquire supplemental vocational expert testimony to determine whether Plaintiff can perform her past relevant work and/or other work in the national economy. The agency will provide Plaintiff the opportunity for a hearing and the opportunity to submit additional medical evidence.(R. Doc. 12-1 at 1).
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).
Signed in Baton Rouge, Louisiana, on April 29, 2020.
/s/ _________
SCOTT D. JOHNSON
UNITED STATES MAGISTRATE JUDGE