Battle v. Social Security Administration Commissioner
JUDGMENT REVERSING AND REMANDING CASE TO COMMISSIONER OF SOCIAL SECURITY for further consideration pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Honorable Barry A. Bryant on July 20, 2009. (Copy of Memorandum Opinion and Judgment sent to Office of Hearings and Appeals)(cap)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION CRYSTAL D. BATTLE vs. Civil No. 1:08-cv-01042 DEFENDANT PLAINTIFF
MICHAEL J. ASTRUE Commissioner, Social Security Administration JUDGMENT
For reasons stated in a memorandum opinion of this date, I hereby reverse the decision of the Commissioner and remand this case for further consideration pursuant to sentence four of 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 this 20th day of July 2009. /s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE
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