Duren v. Social Security Administration Commissioner
JUDGMENT re 11 MOTION for Judgment filed by Lisa Duren, affirming the favorable decision of the Commissioner and Plaintiff's complaint is dismissed. ***Civil Case Terminated. Signed by Honorable Barry A. Bryant on September 13, 2011. (cap)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
Civil No. 4:09-cv-04091
MICHAEL J. ASTRUE,
Commissioner, Social Security Administration
Plaintiff Lisa Duren appealed the Commissioner's denial of benefits to this court. On October
30, 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. 9. On November 30, 2010 the ALJ issued a
favorable decision finding Plaintiff entitled to benefits. ECF No. 11-1. 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. ECF No. 11.
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 favorable decision of the Commissioner is affirmed and Plaintiff's
complaint is dismissed.
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 this 13th day of September, 2011.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U. S. MAGISTRATE JUDGE
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