Thomas v. Social Security Administration Commissioner

Filing 12

JUDGMENT REVERSING AND REMANDING CASE TO US AGENCY pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable James R. Marschewski on June 24, 2009. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION KIMBERLY J. THOMAS PLAINTIFF v. CIVIL NO. 08-2036 MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT DEFENDANT For reasons stated in a memorandum opinion of this date, we 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). 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, 113 S.Ct. 2625 (1993); 28 U.S.C. 2412(d)(1)(B),(d)(2)(G). IT IS SO ORDERED AND ADJUDGED this 24th day of June 2009. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE AO72A (Rev. 8/82)

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