Andrews v. Social Security Administration Commissioner

Filing 11

JUDGMENT REVERSING AND REMANDING case to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C 405(g). Signed by Honorable James R. Marschewski on December 2, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION

LEATHA ANDREWS v. Civil No. 08-2116

PLAINTIFF

MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT

DEFENDANT

For reasons stated in a memorandum opinion dated December 1, 2009, 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 thirty days after the judgment becomes "not appealable," i.e., thirty days after the sixty-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 2nd day of December, 2009.

/s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE

AO72A (Rev. 8/82)