Migues v. Commissioner of Social Security ( 2019 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION HUEY PETER MIGUES, JR. CIVIL ACTION NO. 6:18-cv-01611 VERSUS JUDGE SUMMERHAYS ANDREW SAUL, COMMISSIONER MAGISTRATE JUDGE HANNA OF THE SOCIAL SECURITY ADMINISTRATION 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 consideration of objections filed, 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 consider whether the Grid Rules should be applied to find that the claimant, who was on the borderline between “approaching advanced L 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" Cir. 1993). age” and “advanced age” at the time of the ALJ’s decision, should be deemed disabled. The claimant should be afforded the opportunity to submit updated medical evidence and to testify at another hearing. Signed at Lafayette, Louisiana, this aay oem by—20 7. ROBERT R. SUMMERHAYS - ) UNITED STATES DISTRICT JUDGE