Langhamer v. Barnhart

• Court: Court of Appeals for the Fifth Circuit
• Decided: March 30, 2005
• Docket: 04-20651
• Status: Unpublished

Opinion

United States Court of Appeals Fifth Circuit F I L E D IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT March 30, 2005

Charles R. Fulbruge III Clerk No. 04-20651 Summary Calendar

LYNETTE J. LANGHAMER,

Plaintiff-Appellant,

versus

JO ANNE B. BARNHART, COMMISSIONER OF SOCIAL SECURITY,

Defendant-Appellee.

-------------------- Appeal from the United States District Court for the Southern District of Texas USDC No. 4:03-CV-2902 --------------------

Before REAVLEY, JOLLY and HIGGINBOTHAM, Circuit Judges.

PER CURIAM:*

Lynette J. Langhamer appeals the affirmance of the

Commissioner’s denial of her claim for disability benefits. The

Commissioner has filed an unopposed motion to remand pursuant to

the fourth sentence of 42 U.S.C. § 405(g) to allow

reconsideration of the denial of benefits.

A remand pursuant to the fourth sentence of 42 U.S.C.

§ 405(g) requires that this court also enter a judgment

affirming, reversing, or modifying the Commissioner’s decision.

* Pursuant to 5TH CIR. R. 47.5, the court has determined that this opinion should not be published and is not precedent except under the limited circumstances set forth in 5TH CIR. R. 47.5.4. No. 04-20651 -2-

See Shalala v. Schaefer, 509 U.S. 292, 296-97 (1993). Therefore,

we REVERSE the district court’s judgment, GRANT the motion to

remand, and REMAND to the district court with instructions to

remand to the Commissioner for rehearing.