Matthews v. Social Security Administration Commissioner

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 7th day of November 2024.
/s/ Mark E. Ford
HON. MARK E. FORD
CHIEF UNITED STATES MAGISTRATE JUDGE
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
BRANDY D. MATTHEWS 	PLAINTIFF
v. 	CIVIL NO. 2:24-cv-02094-MEF
MARTIN O’MALLEY, Commissioner
Social Security Administration 	DEFENDANT
Case 2:24-cv-02094-MEF Document 16 Filed 11/07/24 Page 1 of 1 PageID #:
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