Loudermill v. Social Security Administration Commissioner

United States District Court for the Western District of Arkansas

Loudermill v. Social Security Administration Commissioner

Trial Court Opinion

IN UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION

DAVID EARL LOUDERMILL PLAINTIFF

vs. Civil No. 1:24-cv-01049

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

JUDGMENT

Comes now the Court on this the 14th day of November 2024, in accordance with the Memorandum Opinion entered in the above-styled case on today’s date and GRANTS the Defendant’s Unopposed Motion for Reversal and Remand. ECF No. 11. The decision of the Commissioner of Social Security is reversed, and this matter is remanded to the Commissioner pursuant to sentence four,

42 U.S.C. § 405

(g). 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 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

,

113 S.Ct. 2625

(1993);

28 U.S.C. §§ 2412

(d)(1)(B),(d)(2)(G). IT IS SO ORDERED AND ADJUDGED. Barry A. Bryant /s/ HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE

Reference

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