Haberlein v. Social Security Administration Commissioner

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION HOWARD D. HABERLEIN PLAINTIFF vs. Civil No. 2:23-cv-02090 COMMISSIONER, DEFENDANT SOCIAL SECURITY ADMINISTRATION REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Howard D. Haberlein (“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, Supplemental Security Income (“SSI”), and Disability Insurance Benefits (“DIB”) under Titles II and XVI of the Act. Now before the Court is Defendant’s Unopposed Motion for Reversal and Remand Pursuant to Sentence Four of 42 U.S.C. § 405(g).

ECF No. 10. Defendant seeks a remand for further administrative proceedings. Id. The Court finds this Motion should be GRANTED, and this case 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 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 6th day of November 2023.

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