Plaisance v. Social Security Administration

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION MARK ANTHONY PLAISANCE CIVIL ACTION NO. 6:18-cv-00033 VERSUS JUDGE JAMES U.S. COMMISSIONER, SOCIAL MAGISTRATE JUDGE HANNA SECURITY ADMINISTRATION JUDGMENT This matter was referred to United States Magistrate Judge Patrick J. Hanna 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)! with instructions that the claimant’s applications for Disability Insurance Benefits and Supplemental Security Income be granted and for computation and payment of an award of benefits beginning on April 21, 2009. Signed this 25th day of June, 2019. 6ObuT 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 (5" Cir. 1993).