Wilson v. Social Security Administration Commissioner
JUDGMENT re 16 Motion for Final Judgment, AFFIRMING THE FAVORABLE DECISION OF THE COMMISSIONER and Plaintiffs case is dismissed. Signed by Honorable James R. Marschewski on May 24, 2012. (cap)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
CIVIL NO. 08-4103
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Plaintiff, Wanda Wilson, appealed the Commissioner’s denial of benefits to this Court.
On November 12, 2009, 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. 15. Following remand, the
ALJ issued a favorable decision finding Plaintiff entitled to benefits on April 16, 20121. ECF
No. 16-1. Plaintiff now moves for the entry of a final judgment by this Court. ECF No. 16.
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.
An amended decision was entered on April 30, 2012, correcting an incorrect date.
ECF No. 16-1.
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 24th day of May 2012.
HON. JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE
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