Darrough v. Social Security Administration Commissioner, No. 1:2020cv01031 - Document 26 (W.D. Ark. 2021)

Court Description: MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on May 4, 2021. (cnn)

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Darrough v. Social Security Administration Commissioner Doc. 26 IN UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION STEPHANIE DARROUGH vs. PLAINTIFF Civil No. 1:20-cv-01031 ANDREW SAUL Commissioner, Social Security Administration DEFENDANT MEMORANDUM OPINION On April 28, 2021, Defendant filed an Unopposed Motion To Reverse and Remand. ECF No. 25. The motion states Plaintiff has no objections. Id. The parties have consented to the jurisdiction of a magistrate judge to conduct any and all proceedings in this case, including conducting the trial, ordering the entry of a final judgment, and conducting all post-judgment proceedings. ECF No. 6. Pursuant to this authority, the Court issues this memorandum opinion and orders the entry of a final judgment in this matter. Defendant requests a remand so the Commissioner may conduct further administrative proceedings. ECF No. 25. Defendant further requests that upon remand, further consideration will be given to the issue of whether Plaintiff was unable to engage in any substantial gainful activity for a period lasting or expected to last a duration of twelve months. Id. This Court finds this motion is well-taken and should be granted. The Commissioner’s decision is reversed, and this matter is hereby remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. Plaintiff may still, however, file a motion for attorney’s fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412. A judgment incorporating these findings will be entered pursuant to Federal Rules of Civil Procedure 52 and 58. 1 Dockets.Justia.com ENTERED this 4th day of May 2021. Barry A. Bryant /s/ HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE 2

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