Hall v. Kijakazi

W.D. Louisiana

Hall v. Kijakazi

DecidedMarch 25, 2024

Docket6:22-cv-05913

StatusUnknown

This text of Hall v. Kijakazi (Hall v. Kijakazi) is published on Counsel Stack Legal Research, covering District Court, W.D. Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Hall v. Kijakazi, (W.D. La. 2024).

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Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION TANYA E HALL CIVIL ACTION NO. 6:22-CV-05913 VERSUS JUDGE DONALD E. WALTER KILOLO KIJAKAZI MAGISTRATE JUDGE DAVID J. AYO

JUDGMENT This matter was referred to United States Magistrate Judge David J. Ayo 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 that the Commissioner’s decision is REVERSED and REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g)! for additional proceedings consistent with the views expressed herein. More particularly, in these additional proceedings, the evidence regarding the Claimant’s use of a cane, her falls, and the medical evidence from 2016-2019 should be considered. Additionally, Claimant’s subjective complaints of pain should be evaluated, and medical records from the health providers from 2016-2019 should be requested and considered. THUS DONE AND SIGNED in Shreveport, Louisiana, this 25th day of March, 2024.

d Doraal bu. abel / UNITED STATES DISTRICT JUDGE

‘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 (Sth Cir. 1993).

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION TANYA E HALL CIVIL ACTION NO. 6:22-CV-05913 VERSUS JUDGE DONALD E. WALTER KILOLO KIJAKAZI MAGISTRATE JUDGE DAVID J. AYO

JUDGMENT This matter was referred to United States Magistrate Judge David J. Ayo 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 that the Commissioner’s decision is REVERSED and REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g)! for additional proceedings consistent with the views expressed herein. More particularly, in these additional proceedings, the evidence regarding the Claimant’s use of a cane, her falls, and the medical evidence from 2016-2019 should be considered. Additionally, Claimant’s subjective complaints of pain should be evaluated, and medical records from the health providers from 2016-2019 should be requested and considered. THUS DONE AND SIGNED in Shreveport, Louisiana, this 25th day of March, 2024.

d Doraal bu. abel / UNITED STATES DISTRICT JUDGE

‘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 (Sth Cir. 1993).

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Hall v. Kijakazi, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-kijakazi-lawd-2024.

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