Sawyer v. Social Security Administration Commissioner

Filing 9

JUDGMENT REVERSING AND REMANDING CASE TO US AGENCY for further consideration pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable Barry A. Bryant on April 30, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION DAVID L. SAWYER vs. Civil No. 3:08-cv-03002 PLAINTIFF

MICHAEL J. ASTRUE Commissioner, Social Security Administration JUDGMENT

DEFENDANT

For reasons stated in a 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. §§ 2412(d)(1)(B),(d)(2)(G). IT IS SO ORDERED this 30th day of April 2009.

/s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE