Love v. Social Security Administration Commissioner, No. 4:2018cv04147 - Document 16 (W.D. Ark. 2019)

Court Description: MEMORANDUM OPINION. Signed by Honorable Barry A. Bryant on February 22, 2019. (mll)

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Love v. Social Security Administration Commissioner Doc. 16 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION LANCE E. LOVE vs. PLAINTIFF Civil No. 4:18-cv-04147 NANCY A. BERRYHILL, Acting, Commissioner, Social Security Administration DEFENDANT MEMORANDUM OPINION On February 19, 2019, Defendant filed an Unopposed Motion to Remand. ECF No. 14.1 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. 5. 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. 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 1 The docket numbers for this case are referenced by the designation “ECF No.” The transcript pages for this case are referenced by the designation “Tr.” 1 Dockets.Justia.com Procedure 52 and 58. ENTERED this 22nd day of February 2019. Barry A. Bryant /s/ HON. BARRY A. BRYANT U.S. MAGISTRATE JUDGE 2

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