Newkirk 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 15 Memorandum Opinion. Signed by Honorable Barry A. Bryant on July 24, 2017. (mjm)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
MICHELLE L. NEWKIRK
Civil No. 2:16-cv-02200
NANCY A. BERRYHILL
Acting Commissioner, Social Security Administration
For reasons stated in the memorandum opinion of this date, I 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).
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., thirty (30) days after the sixty (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. §§
IT IS SO ORDERED this 24th day of July 2017.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U. S. MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?