Hopson v. Social Security Administration Commissioner

Filing 22

JUDGMENT affirming the favorable decision of the Commissioner and dismissing Plaintiff's complaint. Signed by Honorable Erin L. Setser on October 20, 2011. (lw)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION MICHAEL E. HOPSON v. PLAINTIFF CIVIL NO. 10-2080 MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT JUDGMENT 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. AO72A (Rev. 8/82) 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 -2- AO72A (Rev. 8/82)

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?