Tabler v. Social Security Administration Commissioner
Filing
14
JUDGMENT as set forth in 13 Memorandum Opinion and Order. This case is remanded to the Commissioner for further administrative action pursuant to sentence four of section 405(g). Signed by Honorable Mark E. Ford on November 29, 2016. (hnc) Modified on 11/29/2016 to edit text (hnc).
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
JENNIFER TABLER
v.
PLAINTIFF
CIVIL NO. 2:16-cv-2159-MEF
CAROLYN W. COLVIN, Commissioner
Social Security Administration
DEFENDANT
JUDGMENT
For reasons stated in a memorandum opinion of this date, we conclude that the decision of
the Commissioner denying benefits to the Plaintiff is not supported by substantial evidence and
should be reversed and remanded for further consideration pursuant to sentence four of 42 U.S.C.
§ 405(g). The parties have sixty 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 cost under the Equal Access
to Justice Act (EAJA) 28 U.S.C. § 2412, an application may be filed up until 30 days after the
judgment becomes “not appealable” i.e., 30 days after the 60-day time for appeal has ended. See
Shalala v. Schaefer, 509 U.S. 292, 296 (1993); 28 U.S.C. §§ 2412(d)(1)(B), (d)(2)(G).
IT IS SO ORDERED AND ADJUDGED this 29th day of November, 2016.
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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