Opinion
CIVIL ACTION NO. 6:17-cv-00942
12-03-2018
SHAWN HICKS v. NANCY A. BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION
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, consistent with the report and recommendations, 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 thoroughly analyze whether the claimant has a physical impairment or any combination of physical impairments that meets or medically equals a listed impairment, to properly weigh the medical opinions, to evaluate the claimant's residual functional capacity, and to determine whether the claimant is disabled.
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
THUS DONE AND SIGNED this 3rd day of December, 2018.
/s/_________
ROBERT G. JAMES
UNITED STATES DISTRICT JUDGE
th Cir. 1993).