Mcleroy v. Social Security Administration Commissioner

Filing 20

JUDGMENT Granting 17 Motion to Remand; REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) as set forth in the 19 Memorandum Opinion. Signed by Honorable Christy D. Comstock on May 9, 2024. (lgd)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
RICKY LEE MCLEROY
v.

PLAINTIFF
CIVIL NO. 23-cv-5190

MARTIN J. O’MALLEY, Commissioner
Social Security Administration

DEFENDANT

JUDGMENT

For reasons stated in the memorandum opinion dated May 9, 2024, the Court hereby
GRANTS the Defendant’s Unopposed Motion for Reversal and Remand (ECF No. 17) and
remands this case for further consideration pursuant to sentence four of 42 U.S.C. §405(g). The
parties have sixty days from entry of the judgment on the docket in which to appeal.
If Plaintiff wishes to request an award of attorney’s fees and costs 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, 296, 113 S.C. 2625 (1993); 28 U.S.C. §§ 2412(d)(1)(B),
(d)(2)(G).
IT IS SO ORDERED AND ADJUDGED this 9th day of May 2024.
/s/
.
HON. CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE