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)

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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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