Tubberville v. Social Security Administration Commissioner

Filing 19

JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND 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 18 Memorandum Opinion. Signed by Honorable Christy D. Comstock on February 6, 2024. (jlm)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HOT SPRINGS DIVISION
CHRISTOPHER TUBBERVILLE
v.

PLAINTIFF
CIVIL NO. 23-6092

MARTIN J. O’MALLEY, 1 Commissioner
Social Security Administration

DEFENDANT

JUDGMENT
For reasons stated in a memorandum opinion of this date, the Court hereby reverses the
decision of the Commissioner, 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 (EAJA) 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 (1993); 28 U.S.C. §§ 2412(d)(1)(B), (d)(2)(G).
IT IS SO ORDERED AND ADJUDGED this 6th day of February 2024.

/s/____________________________________
HON. CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE

Martin J. O’Malley, has been appointed to serve as Commissioner of Social Security Ad, and is
substituted as Defendant, pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure.
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