Lynch v. Social Security Administration

W.D. Louisiana

Lynch v. Social Security Administration

DecidedApril 3, 2024

Docket6:22-cv-02059

StatusUnknown

This text of Lynch v. Social Security Administration (Lynch v. Social Security Administration) 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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Lynch v. Social Security Administration, (W.D. La. 2024).

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION CANDY LYNCH CASE NO. 6:22-CV-02059 VERSUS JUDGE ROBERT R. SUMMERHAYS COMMISSIONER OF SOCIAL SECURITY MAGISTRATE JUDGE DAVID J. AYO ADMINISTRATION 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, ADJUDGED, AND DECREED that because this Court finds that the ALJ's finding regarding the Claimant’s residual functional capacity is not support by substantial evidence, the Commissioner’s decision is REVERSED and REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g)! with instructions to obtain one or more reports regarding the impact of Claimant’s conditions, including anemia and colorectal issues, upon her ability to work, either from treating physicians or from consultative physicians, before again evaluating the severity of Claimant’s conditions and her residual functional capacity. THUS DONE in Chambers on this 28th day of March, 2024.

~ ROBERT R.SUMMERHAYS UNITED STATES DISTRICT JUDGE

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 (5" Cir. 1993).

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION CANDY LYNCH CASE NO. 6:22-CV-02059 VERSUS JUDGE ROBERT R. SUMMERHAYS COMMISSIONER OF SOCIAL SECURITY MAGISTRATE JUDGE DAVID J. AYO ADMINISTRATION 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, ADJUDGED, AND DECREED that because this Court finds that the ALJ's finding regarding the Claimant’s residual functional capacity is not support by substantial evidence, the Commissioner’s decision is REVERSED and REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g)! with instructions to obtain one or more reports regarding the impact of Claimant’s conditions, including anemia and colorectal issues, upon her ability to work, either from treating physicians or from consultative physicians, before again evaluating the severity of Claimant’s conditions and her residual functional capacity. THUS DONE in Chambers on this 28th day of March, 2024.

~ ROBERT R.SUMMERHAYS UNITED STATES DISTRICT JUDGE

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 (5" Cir. 1993).

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