Rippee v. Social Security Administration Commissioner
JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) as set forth in the 14 Memorandum Opinion. Signed by Honorable Mark E. Ford on June 18, 2015. (hnc)
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
RAYMOND E. RIPPEE
Civil No. 2:14-cv-2133-MEF
CAROLYN W. COLVIN,
Commissioner of Social Security Administration
For the reasons stated in the Memorandum Opinion of this date, the Court concludes 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 (60) days from the 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 to thirty (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),
IT IS SO ORDERED AND ADJUDGED this 18th day of June, 2015
/s/ Mark E. Ford
HON. MARK E. FORD
UNITED STATES MAGISTRATE JUDGE
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