Cox v. Social Security Administration Commissioner

Filing 17

FINAL JUDGMENT AFFIRMING THE DECISION OF THE COMMISSIONER and Plaintiffs case is dismissed with prejudice. Signed by Honorable Mark E. Ford on February 7, 2017. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DANNA ANN COX
v.

PLAINTIFF
CIVIL NO. 2:16-cv-2041-MEF

NANCY A. BERRYHILL, Acting
Commissioner, Social Security Administration1

DEFENDANT

FINAL JUDGMENT
This cause is before the Court on the Plaintiff’s complaint for judicial review of an
unfavorable final decision of the Commissioner of the Social Security Administration regarding
her application for Disability Insurance Benefits. The parties have consented to entry of final
judgment by the United States Magistrate Judge under the provisions of 28 U.S.C. § 636(c), with
any appeal to the Court of Appeals for the Eighth Circuit.
The record reveals that the Plaintiff released her counsel of record, Michael Hamby, on
July 11, 2016, indicating that she would be seeking alternative counsel. ECF No. 15-1. In a text
only order dated July 28, 2016, the undersigned granted counsel’s Motion to Withdraw. However,
Plaintiff never contacted the Court with information concerning substitute counsel. On August 3,
2016, this matter was scheduled for oral argument on February 6, 2017. Records indicate that
notice of the hearing was mailed to the Plaintiff on August 3, 2016. However, the Plaintiff did not
appear for oral argument. Accordingly, having reviewed the record, the administrative transcript,
the briefs of the parties, and the applicable law, the Court finds as follows, to-wit:

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 Nancy A. Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d) of the Federal
Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting Commissioner Carolyn W. Colvin as
the defendant in this suit. No further action needs to be taken to continue this suit by reason of the last sentence of
section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 

For the reasons announced by the Court on the record on February 6, 2017, the Court finds
that the decision of the Commissioner of Social Security is supported by substantial evidence, and
the same is hereby affirmed.
IT IS SO ORDERED this the 7th day of January, 2017.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE

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