Ditton v. Social Security Administration Commissioner
Filing
13
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 12 Memorandum Opinion. Signed by Honorable Erin L. Setser on October 21, 2015. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
JULIANNA DITTON
V.
PLAINTIFF
NO. 15-2061
CAROLYN W. COLVIN,
Acting Commissioner of the Social Security Administration
DEFENDANT
JUDGMENT
For reasons stated in a Memorandum Opinion of this date, the Court hereby reverses
the decision of the Commissioner and remands 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.Ct. 2625 (1993); 28 U.S.C. §§
2412(d)(1)(B),(d)(2)(G).
IT IS SO ORDERED AND ADJUDGED this 21st day of October, 2015.
/s/ Erin
L. Setser
UNITED STATES MAGISTRATE JUDGE
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