Fleming v. Social Security Administration Commissioner

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

DOROTHY FLEMING PLAINTIFF v. Case No. 1:23-cv-1022 COMMISSIONER, SOCIAL SECURITY ADMINISTRATION DEFENDANT JUDGMENT Before the Court is the Report and Recommendation filed September 27, 2023, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.

ECF No. 16. Fourteen (14) days have passed without objections being filed by the parties. 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 hereby 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 17th day of September, 2023. /s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge