Montgomery v. Social Security Administration Commissioner
JUDGMENT affirming the favorable decision of the Commissioner and dismisses Plaintiff's complaint. Signed by Honorable Erin L. Setser on December 22, 2011. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TIMIKA MONTGOMERY o/b/o K.M.
MICHAEL J. ASTRUE,
Commissioner of the Social Security Administration
Plaintiff, Timika Montgomery, appealed the Commissioner's denial of benefits to this
Court. On February 18, 2010, 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, the ALJ issued
an undated favorable decision finding Plaintiff entitled to benefits (Doc. #25, Ex. 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. #12).
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 her favor.
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 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. 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 22nd day of December, 2011.
/s/ Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE
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