Kitching v. Social Security Administration Commissioner
JUDGMENT AFFIRMING THE DECISION OF THE COMMISSIONER and Plaintiffs case is dismissed with prejudice as set forth in the 13 Memorandum Opinion. Signed by Honorable Erin L. Wiedemann on August 4, 2017. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
ADRIAN CHRISTINE KITCHING
CIVIL NO. 16-2223
NANCY A. BERRYHILL, 1 Commissioner
Social Security Administration
For reasons stated in a memorandum opinion of this date, the Court hereby reverses the
decision of the Commissioner, and remands this case 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 costs 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, 113 S.C. 2625 (1993); 28 U.S.C. §§
IT IS SO ORDERED AND ADJUDGED this 4th day of August 2017.
/s/ Erin L. Wiedemann
HON. ERIN L. WIEDEMANN
UNITED STATES MAGISTRATE JUDGE
Nancy A. Berryhill, has been appointed to serve as acting Commissioner of Social Security, and is substituted as
Defendant, pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?