Tabler v. Social Security Administration Commissioner, No. 2:2016cv02159 - Document 14 (W.D. Ark. 2016)
Court Description: JUDGMENT as set forth in 13 Memorandum Opinion and Order. This case is remanded to the Commissioner for further administrative action pursuant to sentence four of section 405(g). Signed by Honorable Mark E. Ford on November 29, 2016. (hnc) Modified on 11/29/2016 to edit text (hnc).
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Tabler v. Social Security Administration Commissioner Doc. 14 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION JENNIFER TABLER v. PLAINTIFF CIVIL NO. 2:16-cv-2159-MEF CAROLYN W. COLVIN, Commissioner Social Security Administration DEFENDANT JUDGMENT For reasons stated in a memorandum opinion of this date, we conclude that the decision of the Commissioner denying benefits to the Plaintiff is not supported by substantial evidence and should be reversed and remanded for further consideration pursuant to sentence four of 42 U.S.C. § 405(g). The parties have sixty days from entry of the judgment on the docket in which to appeal. If Plaintiff wishes to request an award of attorney’s fees and cost under the Equal Access to Justice Act (EAJA) 28 U.S.C. § 2412, an application may be filed up until 30 days after the judgment becomes “not appealable” i.e., 30 days after the 60-day time for appeal has ended. See Shalala v. Schaefer, 509 U.S. 292, 296 (1993); 28 U.S.C. §§ 2412(d)(1)(B), (d)(2)(G). IT IS SO ORDERED AND ADJUDGED this 29th day of November, 2016. /s/ Mark E. Ford HON. MARK E. FORD UNITED STATES MAGISTRATE JUDGE Dockets.Justia.com
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