Carson v. Social Security Administration Commissioner
JUDGMENT re 8 Memorandum Opinion and reversing the decision of the Commissioner and remanding case for further consideration pursuant to sentence four. Signed by Honorable Barry A. Bryant on September 8, 2009. (rw)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION ROGER MARK CARSON vs. Civil No. 3:08-cv-03029 DEFENDANT PLAINTIFF
MICHAEL J. ASTRUE Commissioner, Social Security Administration JUDGMENT
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 AND ADJUDGED this 8th day of September 2009. /s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE
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