Johnson v. Commissioner of Social Security

W.D. Louisiana

Johnson v. Commissioner of Social Security

DecidedSeptember 13, 2023

Docket6:22-cv-00071

StatusUnknown

This text of Johnson v. Commissioner of Social Security (Johnson v. Commissioner of Social Security) 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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Johnson v. Commissioner of Social Security, (W.D. La. 2023).

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

JAMAL JOHNSON CIVIL DOCKET NO. 6:22-CV-00071

VERSUS JUDGE DAVID C. JOSEPH

COMMISSIONER OF SOCIAL MAGISTRATE JUDGE DAVID J. AYO SECURITY

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 [Doc. 14] 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)1 for additional proceedings consistent with the views expressed herein. More particularly, the evidence regarding the loosening of Claimant’s lumbar screws and its impact on Claimant’s ability to work and pain should be considered, Claimant’s subjective complaints of pain should be reevaluated, and a report regarding the impact of Claimant’s condition upon his ability to work

1 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 (5th Cir. 1993). should be obtained from a treating physician and should be reviewed before a determination of Claimant’s eligibility for disability benefits is determined. THUS, DONE AND SIGNED in Chambers, this 13 day of September 2023.

Cbaid C po DAVID C. JOSEPH UNITED STATES DISTRICT COURT

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

JAMAL JOHNSON CIVIL DOCKET NO. 6:22-CV-00071

VERSUS JUDGE DAVID C. JOSEPH

COMMISSIONER OF SOCIAL MAGISTRATE JUDGE DAVID J. AYO SECURITY

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 [Doc. 14] 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)1 for additional proceedings consistent with the views expressed herein. More particularly, the evidence regarding the loosening of Claimant’s lumbar screws and its impact on Claimant’s ability to work and pain should be considered, Claimant’s subjective complaints of pain should be reevaluated, and a report regarding the impact of Claimant’s condition upon his ability to work

1 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 (5th Cir. 1993). should be obtained from a treating physician and should be reviewed before a determination of Claimant’s eligibility for disability benefits is determined. THUS, DONE AND SIGNED in Chambers, this 13 day of September 2023.

Cbaid C po DAVID C. JOSEPH UNITED STATES DISTRICT COURT

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