Alzate v. Social Security Administration Commissioner

Filing 14

JUDGMENT AFFIRMING THE DECISION OF THE COMMISSIONER and Plaintiff's case is dismissed with prejudice. Signed by Honorable Mark E. Ford on April 6, 2017. (hnc)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION AUTUMN K. ALZATE v. PLAINTIFF CIVIL NO. 2:15-cv-2150-MEF NANCY A. BERRYHILL, Acting Commissioner Social Security Administration DEFENDANT JUDGMENT Plaintiff, Autumn K. Alzate, appealed the Commissioner’s denial of benefits to this Court. On October 5, 2015, the Court remanded Plaintiff’s case to the Commissioner pursuant to sentence six of 42 U.S.C. § 405(g) for further proceedings. ECF No. 12. Following remand, the ALJ issued a favorable decision finding Plaintiff entitled to benefits on March 22, 2017. ECF No. 13. Plaintiff now moves for the entry of a final judgment by this Court. Defendant 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 (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 her favor. Accordingly, we hereby affirm the favorable decision of the Commissioner and dismiss Plaintiff’s complaint. The parties have 60 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 6th day of April, 2017. Mark E. Ford /s/ HON. MARK E. FORD UNITED STATES MAGISTRATE JUDGE

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