Smith v. Social Security Administration Commissioner
Filing
15
JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) as set forth in the 14 Memorandum Opinion. Signed by Honorable Mark E. Ford on March 11, 2016. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
ERESHA G. SMITH
V.
PLAINTIFF
Civil No. 2:15-cv-02031-MEF
CAROLYN W. COLVIN, Commissioner,
Social Security Administration
DEFENDANT
JUDGMENT
For reasons stated in a Memorandum Opinion of this date, I conclude that the decision of the
Commissioner denying benefits to the Plaintiff is not supported by substantial evidence and should
reversed and remanded for further consideration pursuant to sentence four of 42 U.S.C. § 405(g).
The parties have sixty (60) days from entry of the judgment on the docket in which to appeal.
If Plaintiff wishes to request an award of attorney’s fees and costs under the Equal Access
to Justice Act (“EAJA”), 28 U.S.C. § 2412, an application may be filed up until thirty (30) days after
the judgment becomes “not appealable,” i.e., thirty (30) days after the sixty (60) day time for appeal
has ended. See Shalala v. Schaefer, 509 U.S. 292, 296, 113 S.Ct. 2625 (1993); 28 U.S.C. §§
2412(d)(1)(B), (d)(2)(G).
IT IS SO ORDERED and ADJUDGED this 11th day of March, 2016.
/s/ Mark E. Ford
HONORABLE MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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