Tubberville v. Social Security Administration Commissioner, No. 6:2023cv06092 - Document 19 (W.D. Ark. 2024)

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 18 Memorandum Opinion. Signed by Honorable Christy D. Comstock on February 6, 2024. (jlm)

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Tubberville v. Social Security Administration Commissioner Doc. 19 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. 1 Dockets.Justia.com

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