B.M. v. Social Security Administration

Texarkana, Arkansas social security disability lawyer represented Plaintiff seeking review of the denial of her application for Social Security: SSID Tit. XVI benefits by HHS.





Plaintiff has filed a complaint in this matter together with a request for leave to proceed in forma pauperis. After review, it is found that Plaintiff is unable to pay for the costs of commencement of suit, and, accordingly, IT IS HEREBY ORDERED that Plaintiff's Motion for Leave to Proceed in forma pauperis is GRANTED. The Court directs that a copy of the complaint filed herein, along with a copy of this order, be served by Plaintiff by certified mail, return receipt requested, on the Commissioner of the Social Security Administration, the U.S. Attorney General, and the U.S. Attorney's Office without prepayment of fees and costs or security therefor. Defendant is ordered to answer within sixty (60) days from the date of service.





Comes now the Court on this the 7th day of September 2023, in accordance with the Memorandum Opinion entered in the above-styled case on today's date, and hereby considers, orders, and adjudicates that the decision of the Commissioner of the Social Security Administration is REVERSED, and remands this case for further consideration pursuant to sentence four of 42 U.S.C. §405(g).



If Plaintiff wishes to request an award of attorney's fees and costs under the Equal Access to Justice Act (EAJA) 28 U.S.C. §2412, an application may be filed up until 30 days after the judgement 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, 113 S.C. 2625 (1993); 28 U.S.C. §§ 2412(d)(1)(B), (d)(2)(G).

09/07/2023 23 MEMORANDUM OPINION. Signed by Honorable Barry A Bryant on September 7, 2023.(mll) (Entered: 09/07/2023)

09/07/2023 24 JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) as set forth in the 23 Memorandum Opinion. Signed by Honorable Barry A Bryant on September 7, 2023.(mll) (Entered: 09/07/2023)