Kirk v. Social Security Administration Commissioner

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
ANGELA D. KIRK 	PLAINTIFF
v. 	CIVIL NO. 24-2146
LELAND DUDEK,1 Acting Commissioner
Social Security Administration 	DEFENDANT
J U D G M E N T
For reasons stated in a memorandum opinion of this date, the Court hereby grants
Defendant’s 	unopposed 	motion 	to 	remand 	(ECF 	No. 	14), 	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 21st day of February 2025.
/s/____________________________________
CHRISTY COMSTOCK
UNITED STATES MAGISTRATE JUDGE
1 Leland Dudek, has been appointed to serve as Acting Commissioner of the Social Security
Administration, and is substituted as Defendant pursuant to Rule 25(d)(1) of the Federal Rules of
Civil Procedure.
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