Holt v. Social Security Administration Commissioner

Filing 11

JUDGMENT reversing and remanding this matter to the Commissioner for further consideration pursuant to sentence four of 42 USC 405(g). Parties have sixty days from the judgment on the docket in which to appeal. Signed by Honorable James R. Marschewski on April 4, 2011. (sh)

Holt v. Social Security Administration Commissioner

Doc. 11

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

STEPHEN SCOTT HOLT v. Civil No. 2:10-CV-03044-JRM

PLAINTIFF

MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT

DEFENDANT

For reasons stated in a memorandum opinion of this date, we 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). 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 thirty days after the judgment becomes "not appealable," i.e., thirty days after the sixty-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 4th day of April 2011. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI CHIEF U.S. MAGISTRATE JUDGE

AO72A (Rev. 8/82)

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