McCubbin v. Social Security Administration Commissioner

Filing 10

JUDGMENT re 9 Memorandum Opinion and reversing the decision of the Commissioner and remanding case for further consideration pursuant to sentence four. Signed by Honorable James R. Marschewski on September 8, 2009. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION COLETTE KAY MCCUBBIN PLAINTIFF v. CIVIL NO. 08-2098 MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT JUDGMENT 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 8th day of September 2009. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE AO 7 2 A ( R e v . 8/82)

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