Smith v. Social Security Administration Commissioner
JUDGMENT/ORDER 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 14 Memorandum Opinion. Signed by Honorable Barry A. Bryant on January 10, 2019. (cnn)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
PERRY DON SMITH
Civil No. 1:17-cv-01066
NANCY A. BERRYHILL
Acting Commissioner, Social Security Administration
For reasons stated in the 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. §§
IT IS SO ORDERED this 10th day of January 2019.
Barry A. Bryant
HON. BARRY A. BRYANT
UNITED STATES MAGISTRATE JUDGE
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