Palma v. Kilolo Kijakazi

W.D. Louisiana

Palma v. Kilolo Kijakazi

DecidedOctober 11, 2023

Docket6:22-cv-01295

StatusUnknown

This text of Palma v. Kilolo Kijakazi (Palma v. Kilolo 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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Palma v. Kilolo Kijakazi, (W.D. La. 2023).

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UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION CARLOS PALMA CIVIL ACTION NO. 6:22-CV-01295 VERSUS JUDGE DRELL 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, 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)! for additional proceedings consistent with the views expressed herein. More particularly, the ALJ shall consider the evidence the medical source statement from Dr. Ronald Miller in determining Claimant’s eligibility for disability benefits. □ Tt THUS, DONE AND SIGNED in chambers on this _/ fh day of October 2023.

DEE D. DRELL, SENIOR JUDGE UNITED STATES DISTRICT COURT

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 CARLOS PALMA CIVIL ACTION NO. 6:22-CV-01295 VERSUS JUDGE DRELL 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, 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)! for additional proceedings consistent with the views expressed herein. More particularly, the ALJ shall consider the evidence the medical source statement from Dr. Ronald Miller in determining Claimant’s eligibility for disability benefits. □ Tt THUS, DONE AND SIGNED in chambers on this _/ fh day of October 2023.

DEE D. DRELL, SENIOR JUDGE UNITED STATES DISTRICT COURT

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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