Barker v. Social Security Administration Commissioner

Filing 14

JUDGMENT reversing and remanding this matter to the Commissioner for further consideration pursuant to 42 USC 405(g). Signed by Honorable Erin L. Setser on April 7, 2011. (sh)

Barker v. Social Security Administration Commissioner

Doc. 14

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

JAMES EVERETT BARKER

PLAINTIFF

v.

CIVIL NO. 10-2057

MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT

DEFENDANT

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.C. 2625 (1993); 28 U.S.C. §§ 2412(d)(1)(B),(d)(2)(G). IT IS SO ORDERED AND ADJUDGED this 7th day of April 2011.

/s/ Erin L. Setser HON. ERIN L. SETSER UNITED STATES MAGISTRATE JUDGE

AO72A (Rev. 8/82)

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