Tucker v. Social Security Administration Commissioner

Filing 16

MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on January 8, 2018. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION

SANDRA TUCKER
vs.

PLAINTIFF
Civil No. 4:17-cv-04059

NANCY A. BERRYHILL,
Commissioner, Social Security Administration

DEFENDANT

MEMORANDUM OPINION
On December 21, 2017, Defendant filed an Unopposed Motion to Remand. ECF No. 14.1
The motion states Plaintiff has no objections. Id. The parties have consented to the jurisdiction of
a magistrate judge to conduct any and all proceedings in this case, including conducting the trial,
ordering the entry of a final judgment, and conducting all post-judgment proceedings. ECF No. 5.
Pursuant to this authority, the Court issues this memorandum opinion and orders the entry of a final
judgment in this matter.
Defendant requests a remand so the Commissioner may conduct further administrative
proceedings. This Court finds this motion is well-taken and should be granted. The Commissioner’s
decision is reversed, and this matter is hereby remanded pursuant to sentence four of 42 U.S.C. §
405(g) for further proceedings. Plaintiff may file a motion for attorney’s fees pursuant to the Equal
Access to Justice Act, 28 U.S.C. § 2412.
A judgment incorporating these findings will be entered pursuant to Federal Rules of Civil

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The docket numbers for this case are referenced by the designation “ECF No.” The transcript pages for
this case are referenced by the designation “Tr.”

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Procedure 52 and 58.
ENTERED this 8th day of January 2018.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U.S. MAGISTRATE JUDGE

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