Selvidge v. Social Security Administration Commissioner

Filing 6

JUDGMENT: granting 4 Motion to Remand; Case reversed and remanded pursuant to "sentence 4" 42:405(g). Signed by Honorable Barry A. Bryant on June 27, 2011. (cnn)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION ROSE SELVIDGE vs. PLAINTIFF Civil No. 1:11-cv-01019 MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT JUDGMENT Comes now the Court on this the 27th day of June, 2011, in accordance with the Memorandum Opinion entered in the above-styled case on today’s date, and GRANTS the Defendants’s Motion to Remand. ECF No. 4. 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

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