Woods v. Commissioner of Social Security

W.D. Louisiana

Woods v. Commissioner of Social Security

DecidedAugust 23, 2023

Docket6:23-cv-00336

StatusUnknown

This text of Woods v. Commissioner of Social Security (Woods 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.

Bluebook

Woods v. Commissioner of Social Security, (W.D. La. 2023).

Pincite

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

DON WOODS CASE NO. 6:23-CV-00336 VERSUS JUDGE DRELL COMMISSIONER OF SOCIAL MAGISTRATE JUDGE CAROL B. SECURITY WHITEHURST

JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, after an independent review of the record, noting the absence of any objection, and having determined that the findings and recommendations are correct under the applicable law; IT IS ORDERED that the Commissioner’s decision should be REVERSED and REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g). ! More particularly, the Commissioner is instructed to again re-evaluate the claimant’s residual functional capacity, specifically imposing physical restrictions commiserate with Claimant’s spinal condition, and to determine whether, based

14 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).

upon a properly evaluated RFC, he is disabled. The claimant should be afforded the opportunity to submit updated medical evidence and to testify at another hearing. THUS DONE AND SIGNED in Alexandria, Louisiana, on this_2.3ay of August 2023.

SE DEE D. DRELL, SENIOR JUDGE UNITED STATES DISTRICT COURT

Free access — add to your briefcase to read the full text and ask questions with AI

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

DON WOODS CASE NO. 6:23-CV-00336 VERSUS JUDGE DRELL COMMISSIONER OF SOCIAL MAGISTRATE JUDGE CAROL B. SECURITY WHITEHURST

JUDGMENT For the reasons stated in the Report and Recommendation of the Magistrate Judge previously filed herein, after an independent review of the record, noting the absence of any objection, and having determined that the findings and recommendations are correct under the applicable law; IT IS ORDERED that the Commissioner’s decision should be REVERSED and REMANDED to the Commissioner pursuant to the fourth sentence of 42 U.S.C. § 405(g). ! More particularly, the Commissioner is instructed to again re-evaluate the claimant’s residual functional capacity, specifically imposing physical restrictions commiserate with Claimant’s spinal condition, and to determine whether, based

14 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).

upon a properly evaluated RFC, he is disabled. The claimant should be afforded the opportunity to submit updated medical evidence and to testify at another hearing. THUS DONE AND SIGNED in Alexandria, Louisiana, on this_2.3ay of August 2023.

SE DEE D. DRELL, SENIOR JUDGE UNITED STATES DISTRICT COURT

Cite This Page — Counsel Stack

Bluebook (online)

Woods v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woods-v-commissioner-of-social-security-lawd-2023.

Opinion

Related

Cite This Page — Counsel Stack