Hubbard v. Social Security Administration Commissioner

Filing 13

ORDER granting plaintiff's 6 Motion to Remand; granting 9 Motion to Amend motion to remand; granting defendant's 11 Motion to Remand; case reversed and remanded pursuant to "sentence four" 42:405(g). Signed by Honorable Barry A. Bryant on October 9, 2008. (cc: Memo Opinion and Judgment to OHA)(cnn)

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

JOYCE M. HUBBARD

PLAINTIFF

vs.

Civil No. 1:08-cv-1025

MICHAEL J. ASTRUE Commissioner, Social Security Administration JUDGMENT

DEFENDANT

Comes now the Court on this the 9th day of October, 2008, in accordance with the Memorandum Opinion entered in the above-styled case on today's date, and GRANTS the Plaintiff's Motion to Remand ( Doc. No. 6), Plaintiff's Motion to Amend Motion to Remand (Doc. No. 9), and Defendants's Motion to Remand. (Doc. 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.

/s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE