Weimer v. Social Security Administration Commissioner
JUDGMENT affirming the favorable decision of the Commissioner and dismissing Plaintiff's complaint as set forth. Signed by Honorable Erin L. Setser on November 2, 2015. (hnc)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
RYAN W. WEIMER
CAROLYN W. COLVIN,
Acting Commissioner of the Social Security Administration
Plaintiff, Ryan W. Weimer, appealed the Commissioner's denial of benefits to this
On January 8, 2014, the Court remanded Plaintiff's case to the Commissioner
pursuant to sentence six of 42 U.S.C. § 405(g) for further proceedings. Following remand,
on July 29, 2015, the ALJ issued a favorable decision finding Plaintiff entitled to benefits
(Doc. #15, Ex. 15-1). Plaintiff now moves for the entry of a final judgment by this Court so
that Plaintiff can proceed with an Application and Affidavit for attorney's fees pursuant to 28
U.S.C. §2412 of the Equal Access to Justice Act. (Doc. #15).
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
Accordingly, the Court hereby affirms the favorable decision of the Commissioner
and dismisses 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 costs 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. See Shalala v. Schaefer, 509 U.S. 292 at 296; 28 U.S.C. §§ 2412(d)(1)(B),(d)(2)(G).
IT IS SO ORDERED AND ADJUDGED this 2nd day of November, 2015.
/s/ Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE
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