Todd-Smith v. Social Security Administration Commissioner

Filing 20

MEMORANDUM OPINION. Signed by Honorable Erin L. Setser on February 25, 2013. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION DEBORAH MAE TODD-SMITH V. PLAINTIFF NO. 11-2029 MICHAEL J. ASTRUE, Commissioner of the Social Security Administration DEFENDANT MEMORANDUM OPINION Plaintiff Deborah Mae Todd-Smith brought this action pursuant to 42 U.S.C. § 405(g), seeking judicial review of a decision of the Commissioner of the Social Security Administration (Commissioner), through an administrative law judge (ALJ), denying her application for supplemental security income (SSI) under the provisions of Title XVI of the Social Security Act. On March 6, 2010, the undersigned upheld the ALJ’s decision finding Plaintiff not disabled. (Docs. 13, 14). On February 25, 2013, the United States Court of Appeals for the Eighth Circuit held that the judgment of the undersigned must be reversed, and remanded the matter for further proceedings consistent with its opinion. (Doc. 19). Therefore, in accordance with the Eighth Circuit’s opinion, the undersigned hereby reverses the decision of the Commissioner and remands this matter for further consideration pursuant to sentence four of 42 U.S.C. § 405(g). On remand, the ALJ is directed to address the errors the Eighth Circuit found in the ALJ’s original decision. DATED this 25th day of February, 2013. /s/ Erin L. Setser HON. ERIN L. SETSER UNITED STATES MAGISTRATE JUDGE AO72A (Rev. 8/82)

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