Woods v. Commissioner of Social Security ( 2023 )

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION DON WOODS CASE NO. 6:23-CV-00336 VERSUS JUDGE DRELL COMMISSIONER OF SOCIAL MAGISTRATE JUDGE CAROL B. SECURITY WHITEHURST JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, after an independent review of the record, noting the absence of any objection, and having determined that the findings and recommendations are correct under the applicable law; IT IS ORDERED that the Commissioner’s decision should be 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 again re-evaluate the claimant’s residual functional capacity, specifically imposing physical restrictions commiserate with Claimant’s spinal condition, and to determine whether, based 14 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). upon a properly evaluated RFC, he is disabled. The claimant should be afforded the opportunity to submit updated medical evidence and to testify at another hearing. THUS DONE AND SIGNED in Alexandria, Louisiana, on this_2.3ay of August 2023. SE DEE D. DRELL, SENIOR JUDGE UNITED STATES DISTRICT COURT