Opinion
CASE NO. 6:17-CV-01371
03-11-2019
DIONNE JOHNSON v. COMMISSIONER OF SOCIAL SECURITY
MAGISTRATE JUDGE WHITEHURST
JUDGMENT
This matter was referred to United States Magistrate Judge Carol B. Whitehurst 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, consistent with the report and recommendation, the Commissioner's decision is REVERSED and REMANDED for a rehearing pursuant to the fourth sentence of 42 U.S.C. § 405(g) to determine what effect, if any, the newly submitted records have on the determination of the claimant's disability.
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 (5th Cir. 1993). --------
SIGNED this 11th day of March, 2019.
/s/ _________
ROBERT G. JAMES
UNITED STATES DISTRICT JUDGE