Caldwell v. Social Security Administration Commissioner

Filing 13

JUDGMENT: REVERSING AND REMANDING to the Commissioner for further consideration pursuant to 42 USC 405(g), re 1 Complaint filed by Mary Jo Marie Caldwell, and ORDER REMANDING CASE TO US AGENCY, ***Civil Case Terminated. Signed by Honorable James R. Marschewski on August 31, 2009. (sh) Modified on 10/7/2009 to edit document type(mfr).

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION MARY JO CALDWELL v. CIVIL NO. 09-2047 PLAINTIFF

MICHAEL J. ASTRUE, Commissioner Social Security Administration

DEFENDANT

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 31st day of August 2009. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE

AO72A (Rev. 8/82)