Murray v. Social Security Administration Commissioner

Filing 16

ORDER granting 13 Motion to Remand; JUDGMENT/ORDER 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 15 Memorandum Opinion and Order. Signed by Honorable Mark E. Ford on September 24, 2024.(mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
MARTIN J. MURRAY
v.

PLAINTIFF
CIVIL NO. 3:24-cv-03022-MEF

MARTIN O’MALLEY, 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 24th day of September 2024.
/s/ Mark E. Ford
HON. MARK E. FORD
CHIEF UNITED STATES MAGISTRATE JUDGE