Webster v. Social Security Administration Commissioner

United States District Court for the Western District of Arkansas

Webster v. Social Security Administration Commissioner

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION

CHRISTOPHER WEBSTER PLAINTIFF

vs. Civil No. 2:21-cv-02202

COMMISSIONER, DEFENDANT SOCIAL SECURITY ADMINISTRATION

REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE

Christopher Webster (“Plaintiff”) brings this action pursuant to § 205(g) of Title II of the Social Security Act (“The Act”),

42 U.S.C. § 405

(g) (2010), seeking judicial review of a final decision of the Commissioner of the Social Security Administration (“SSA”) denying his applications for a period of disability, Disability Insurance Benefits (“DIB”), and Supplemental Security Income (“SSI”) under Titles II and XVI of the Act. Pursuant to the provisions of

28 U.S.C. § 636

(b)(1) and (3) (2009), the Honorable P. K. Holmes, III referred this case to this Court for the purpose of making a report and recommendation. Now before the Court is Defendant’s Unopposed Motion to Reverse and Remand Pursuant to Sentence Four of

42 U.S.C. § 405

(g). ECF No. 12. Defendant seeks a remand “for further administrative proceedings in accordance with sentence four of

42 U.S.C. § 405

(g).”

Id.

Plaintiff has no objections to this Motion. The Court finds this Motion should be GRANTED, and this case should be REVERSED AND REMANDED. The Parties have fourteen (14) days from receipt of this Report and Recommendation in which to file written objections pursuant to

28 U.S.C. § 636

(b)(1). The failure to file timely objections may result in waiver of the right to appeal questions of fact. The Parties are 1 reminded that objections must be both timely and specific to trigger de novo review by the district court. See Thompson v. Nix,

897 F.2d 356, 357

(8th Cir. 1990). ENTERED this 17th day of June 2022.

Barry A. Bryant /s/ HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE

2

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