Carter v. Social Security Administration Commissioner
JUDGMENT granting 16 Motion to Dismiss and AFFIRMING THE DECISION OF THE COMMISSIONER and Plaintiffs case is dismissed. Signed by Honorable Erin L. Setser on May 23, 2013. (tg)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TROY U. CARTER
CIVIL NO. 10-5149
MICHAEL J. ASTRUE1, Commissioner
Social Security Administration
Plaintiff, Troy U. Carter, appealed the Commissioner's denial of benefits to this Court.
On August 19, 2011, the Court remanded Plaintiff's case to the Commissioner pursuant to
sentence six of 42 U.S.C. § 405(g) for further proceedings. (Doc. 12).
On April 26, 2013, Plaintiff filed motion for attorneys fees pursuant to 28 U.S.C. § 2412,
the Equal Access to Justice Act. (Doc. 13).
On May 7, 2013, Defendant filed a Motion for the Entry of Final Judgment. (Doc. 16).
In the Memorandum Brief in support of Defendant’s motion, Defendant stated that a fully
favorable decision finding Plaintiff was entitled to benefits was issued on February 11, 2013.
(Doc. 17). On the same date, Defendant filed a response to the motion for attorney’s fees. (Doc.
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
Carolyn Colvin became the Acting Social Security Commissioner on February 14, 2013. Pursuant to Rule
25(d)(1) of the Federal Rules of Civil Procedure, Carolyn Colvin has been substituted for Commissioner Michael
J. Astrue as the Defendant in this suit.
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 favor.
Accordingly, the Court hereby grants Defendant’s motion (Doc. 16), and 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.
The Court hereby denies Plaintiff’s motion for attorney’s fees filed on April 26, 2013
(Doc. 13), as the motion was prematurely filed. 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 23rd day of May, 2013.
/s/ Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE
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