Blackburn v. Social Security Administration Commissioner
JUDGMENT REVERSING AND REMANDING CASE TO US AGENCY 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. Signed by Honorable James R. Marschewski on February 18, 2009.(sent to OHA and ALJ) (lw) Modified on 2/18/2009 to add text (lw).
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION OPAL MARIE BLACKBURN v. CIVIL NO. 08-2107 PLAINTIFF
MICHAEL J. ASTRUE, Commissioner Social Security Administration
JUDGMENT For reasons stated in a memorandum opinion of this date, we conclude that the decision of the Commissioner denying benefits to the plaintiff is not supported by substantial evidence and should be reversed and remanded 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 cost 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 18th day of February 2009. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE
AO72A (Rev. 8/82)
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?