Phillips v. Social Security Administration Commissioner
JUDGMENT REVERSING AND REMANDING CASE to Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable James R. Marschewski on January 14, 2010. (lw)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION MELVIN D. PHILLIPS v. Civil No. 08-2129 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 14th day of January 2010. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE
AO72A (Rev. 8/82)
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