Tucker v. Social Security Administration Commissioner

United States District Court for the Western District of Arkansas

Tucker v. Social Security Administration Commissioner

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION EARNEST LEE TUCKER PLAINTIFF v. Case No. 4:18-cv-04134 NANCY A. BERRYHILL Acting Commissioner, Social Security Administration DEFENDANT JUDGMENT In accordance with the Order entered on August 19, 2019, the Court enters judgment in this case. The matter is hereby remanded for further proceedings. 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 to thirty (30) days after the judgment becomes “not appealable”—i.e., thirty (30) days after the sixty (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, this 27th day of September, 2019.

/s/ Susan O. Hickey Susan O. Hickey Chief United States District Judge

Reference

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