Mitchell v. Social Security Administration Commissioner

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IN UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
DONALD MITCHELL 	PLAINTIFF
vs. 	Civil No. 5:25-cv-05250
FRANK BISIGNANO, 	DEFENDANT
Commissioner, Social Security Administration
REPORT AND RECOMMENDATION
OF THE UNITED STATES MAGISTRATE JUDGE
Before the Court is Defendant’s Unopposed Motion for Reversal and Remand and Brief in
Support. ECF Nos. 13, 14. Plaintiff has no objections to this Motion. Pursuant to the provisions
of 28 U.S.C. § 636(b)(1) and (3) (2009), the Honorable Timothy L. Brooks, Chief Judge, referred
this case to this Court for the purpose of making a report and recommendation. In accordance with
that referral, this Court enters the following report and recommendation.
Defendant requests Plaintiff’s case be remanded pursuant to Sentence Four of 42 U.S.C.
§ 405(g) so the Commissioner can conduct further proceedings. 	ECF No. 13. According to the
Motion, counsel for Defendant conferred with Plaintiff’s counsel and Plaintiff does not oppose the
granting of this Motion. Id.
Based upon the foregoing, this Court recommends Defendant’s Unopposed Motion for
Reversal and Remand (ECF No. 13) be GRANTED, and Plaintiff’s case be reversed and remanded
to the Social Security Administration for further administrative review pursuant to Sentence Four
of 42 U.S.C. § 405(g).
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
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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 17th day of April 2026.
/s/ Spencer G. Singleton
HONORABLE SPENCER G. SINGLETON
UNITED STATES MAGISTRATE JUDGE
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