Gelabert v. Social Security Administration Commissioner, No. 5:2021cv05101 - Document 21 (W.D. Ark. 2022)
Court Description: 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 20 Memorandum Opinion. Signed by Honorable Christy D. Comstock on June 8, 2022. (lgd)
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Gelabert v. Social Security Administration Commissioner Doc. 21 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION KELLY GELABERT v. PLAINTIFF CIVIL NO. 21-cv-5101 KILOLO KIJAKAZI 1, Acting Commissioner Social Security Administration 0F DEFENDANT JUDGMENT For reasons stated in a memorandum opinion dated June 8, 2022, 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, 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 8th day of June 2022. /s/ . HON. CHRISTY COMSTOCK UNITED STATES MAGISTRATE JUDGE 1 Kilolo Kijakazi has been appointed to serve as the Acting Commissioner of Social Security, and is substituted as Defendant, pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure. Dockets.Justia.com
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