Smith v. Social Security Administration Commissioner

Filing 18

JUDGMENT adopting in its entirety 17 Report and Recommendations. Further, REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g). Signed by Honorable Susan O. Hickey on July 14, 2021. (mjm)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
HOWARD LEE SMITH, JR.
v.

PLAINTIFF
Case No. 6:20-cv-06109

ANDREW SAUL,
Commissioner, Social Security Administration

DEFENDANT

JUDGMENT
Before the Court is the Report and Recommendation dated June 17, 2021, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No.
17). Fourteen (14) days have passed, and no objections have been filed. The Court has reviewed
this case, and being well and sufficiently advised, finds that the Report and Recommendation is
proper and should be adopted in its entirety. Accordingly, the Court adopts the Report and
Recommendation, reverses the decision of the Commissioner, and remands this case to the
Commissioner for further consideration pursuant to sentence four of 42 U.S.C. ' 405(g) (2006).
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 to thirty (30) days after
the judgment becomes “not appealable” i.e., thirty (30) days after the sixty (60) day time for appeal
has ended. See Shalala v. Schaefer, 509 U.S. 292, 296, 113 S. Ct. 2625 (1993); 28 U.S.C. §§
2412(d)(1)(B), (d)(2)(G).
IT IS SO ORDERED, this 14th day of July, 2021.
/s/ Susan O. Hickey
Susan O. Hickey
Chief United States District Judge