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Smith v. Saul

United States District Court, E.D. Arkansas, Western Division

July 18, 2019

YOLANDA NICOLE SMITH, PLAINTIFF
v.
ANDREW SAUL[1], Commissioner, Social Security Administration DEFENDANT

          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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