United States District Court, E.D. Arkansas, Western Division
PROPOSED FINDINGS AND RECOMMENDED
DISPOSITION
JOE J.
VOLPE UNITED STATES MAGISTRATE JUDGE
INSTRUCTIONS
The
following recommended disposition has been sent to Chief
United States District Judge Brian S. Miller. Any party may
serve and file written objections to this recommendation.
Objections should be specific and should include the factual
or legal basis for the objection. If the objection is to a
factual finding, specifically identify that finding and the
evidence that supports your objection. An original and one
copy of your objections must be received in the office of the
United States District Court Clerk no later than fourteen
(14) days from the date of the findings and recommendations.
The copy will be furnished to the opposing party. Failure to
file timely objections may result in a waiver of the right to
appeal questions of fact.
If you
are objecting to the recommendation and also desire to submit
new, different, or additional evidence, and to have a hearing
for this purpose before the District Judge, you must, at the
same time that you file your written objections, include the
following:
If you
are objecting to the recommendation and also desire to submit
new, different, or additional evidence, and to have a new
hearing for this purpose before either the District Judge or
Magistrate Judge, you must, at the time you file your written
objections, include the following:
1. Why the record made before the Magistrate Judge is
inadequate.
2. Why the evidence to be proffered at the new hearing (if
such a hearing is granted) was not offered at the hearing
before the Magistrate Judge.
3. The details of any testimony desired to be introduced at
the new hearing in the form of an offer of proof, and a copy,
or the original, of any documentary or other non-testimonial
evidence desired to be introduced at the new hearing.
From
this submission, the District Judge will determine the
necessity for an additional evidentiary hearing. Mail your
objections and “Statement of Necessity” to:
Clerk, United States District Court Eastern District of
Arkansas 500 West Capitol Avenue, Suite A149 Little Rock, AR
72201-3325
DISPOSITION
Pending
before the Court is the Commissioner's Motion to Dismiss.
(Doc. No. 8). Plaintiff has not responded and the time for
doing so has passed. For the following reasons, I recommend
that the Motion be GRANTED.
I.
FACTS
Plaintiff
previously was awarded benefits but, as of November 5, 2013,
the Social Security Administration determined medical
improvement had occurred. On June 1, 2018, an Administrative
Law Judge (ALJ) issued a decision denying Ms. Smith's
claim, finding her disability under sections 216(i) and
223(f) of the Social Security Act ended as of November 5,
2013. (Doc. No. 9-1 at 9-34.) Ms. Smith sought review by the
Appeals Council, but the Council adopted the ALJ's
decision. (Id. at 45-50, 54-60.) By letter dated
January 20, 2019, the Administration advised Ms. Smith she
had sixty (60) days to file a civil action in the United
States District Court seeking review of its decision.
(Id. at 51-52.) That letter was addressed to
“Ms. Yolanda Nicole Smith at 9 Timber Valley Cove,
Little Rock, AR 72204” - the same address Ms. Smith has
utilized to file this lawsuit. (Id. at 51.) The
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