Dilger v. Social Security Administration Commissioner

Filing 13

JUDGMENT granting 11 motion to remand and reversing and remanding case to the Commissioner pursuant to sentence four. Signed by Honorable Barry A. Bryant on November 23, 2009. (rw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION

STEVEN P. DILGER

PLAINTIFF

vs.

Civil No. 3:09-cv-03035

MICHAEL J. ASTRUE, Commissioner, Social Security Administration JUDGMENT

DEFENDANT

Comes now the Court on this the 23rd day of November, 2009, in accordance with the Memorandum Opinion entered in the above-styled case on today's date, and GRANTS the Defendants's Motion to Remand. (Doc. No. 11). The decision of the Commissioner of Social Security is reversed, and this matter is remanded to the Commissioner pursuant to sentence four, 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.

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