Smith v. Social Security Administration Commissioner

Filing 30

MEMORANDUM OPINION. Signed by Honorable Erin L. Wiedemann on August 7, 2018. (src)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
JANICE SMITH

v.

PLAINTIFF

CIVIL NO. 15-5291

NANCY A. BERRYHILL, 1 Commissioner
Social Security Administration

DEFENDANT

MEMORANDUM OPINION

Plaintiff Janice Smith brought this action pursuant to 42 U.S.C. § 405(g), seeking
judicial review of a decision of the Commissioner of the Social Security Administration
(Commissioner), through an administrative law judge (ALJ), denying her application for a
period of disability and disability insurance benefits (DIB), under the provisions of Title II of
the Social Security Act. On March 16, 2017, the District Court upheld the ALJ’s decision
finding Plaintiff not disabled. (Doc. 21). On July 5, 2018, the United States Court of
Appeals for the Eighth Circuit held that the judgment of the District Court upholding the
ALJ’s determination must be reversed and remanded. (Doc. 29, Attachment 1). On remand,
the ALJ is directed to consider Plaintiff’s lower extremity edema during the relevant time
period and to more fully explain the credibility determination.
Based on the foregoing, 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).
1

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.

DATED this 7th day of August 2018.
/s/ Erin L. Wiedemann
HON. ERIN L. WIEDEMANN
UNITED STATES MAGISTRATE JUDGE