Opinion
CIVIL ACTION NO. 6:10-cv-01315
02-22-2012
QUINCY JOSEPH v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY
JUDGE DOHERTY
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 THEREFORE ORDERED, ADJUDGED, AND DECREED that the Commissioner's decision is REVERSED and this matter is REMANDED to the Commissioner for further administrative action pursuant to the fourth sentence of 42 U.S.C. § 405(g), consistent with the report and recommendation, following a full and complete development of the record with regard to all of the impairments found by the Commissioner to be severe.
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 (5th Cir. 1993).
Lafayette, Louisiana, this 22 day of February, 2012.
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REBECCA F. DOHERTY
UNITED STATES DISTRICT JUDGE