Bucsanyi v. Barnhart

*Pursuant to 5TH CIR. R. 47.5, the Court has determined that
this opinion should not be published and is not precedent except
under the limited circumstances set forth in 5TH CIR. R. 47.5.4.
IN THE UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
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m 02-20029
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RUSSELL S. BUCSANYI,
Plaintiff-Appellant,
VERSUS
JO ANNE B. BARNHART,
Commissioner of Social Security,
Defendant-Appellee.
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Appeal from the United States District Court
for the Southern District of Texas
(H-01-CV-2406)
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December 4, 2002
Before SMITH, BARKSDALE, and EMILIO M. GARZA, Circuit Judges.
PER CURIAM:*
IT IS ORDERED that the “Commissioner’s Unopposed Motion To
Reverse and Remand for Further Administrative Proceedings” is

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GRANTED. Specifically, the judgment of the district court is
VACATED, and this matter is REMANDED to the district court, which
is directed to enter final judgment remanding this matter to the
Commissioner of Social Security for further administrative pro-
ceedings, pursuant to the fourth sentence of 42 U.S.C. § 405(g).
This court appreciates the candor of the Commissioner’s attor-
ney in acknowledging, albeit only a few days before oral argument,
that counsel “does not believe the [administrative law judge’s]
decision is defensible.”

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