Maddox v. Social Security Administration Commissioner

Filing 12

JUDGMENT REVERSING AND REMANDING CASE TO THE COMMISSIONER for further consideration pursuant to sentence four of 42 USC 405(g). ***Civil Case Terminated. Signed by Honorable Barry A. Bryant on August 20, 2009. (sh) Modified on 10/7/2009 to edit document type(mfr).

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION KENNETH N. MADDOX, JR. vs. Civil No. 2:08-cv-02049 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 August 2009. /s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE

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