Hopson v. Social Security Administration Commissioner
JUDGMENT affirming the favorable decision of the Commissioner and dismissing Plaintiff's complaint. Signed by Honorable Erin L. Setser on October 20, 2011. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
MICHAEL E. HOPSON
CIVIL NO. 10-2080
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Plaintiff, Michael E. Hopson, appealed the Commissioner's denial of benefits to this
Court. On June 9, 2011, the Court remanded Plaintiff's case to the Commissioner pursuant to
sentence six of 42 U.S.C. § 405(g) for further proceedings. (Doc. 15). Following remand, the
ALJ issued a favorable decision finding Plaintiff entitled to benefits on June 17, 2011. (Doc. 20,
Attachment 1). Defendant now moves for the entry of a final judgment by this Court. (Doc.
20). Plaintiff does not oppose the motion.
When a Court remands a case pursuant to sentence six and retains jurisdiction pending
completion of the administrative proceedings, entry of a final judgment is delayed until after the
post-remand agency proceedings have been completed and the agency's results have been filed
with the court. See Shalala v. Schaefer, 509 U.S. 292, 296, 113 S.Ct. 2625 (1993). As all
proceedings on remand have been completed and an administrative decision favorable to
Plaintiff has been issued, Plaintiff is entitled to the entry of Judgment in his favor.
Accordingly, we hereby affirm the favorable decision of the Commissioner and dismiss
Plaintiff's complaint. The parties have sixty days from entry of this 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, 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. Id. at 296; 28
U.S.C. §§ 2412(d)(1)(B),(d)(2)(G).
IT IS SO ORDERED AND ADJUDGED this 20th day of October 2011.
/s/ Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?