Phillips v. Social Security Administration Commissioner

Filing 10

JUDGMENT REVERSING AND REMANDING CASE TO COMMISSIONER OF SOCIAL SECURITY pursuant to sentence four of 42 USC sec. 405(g). Signed by Honorable Barry A. Bryant on September 18, 2008. (cf: Copy of Memorandum Opinion and Judgment sent to Office of Hearings & Appeals)(cap)

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

MARK D. PHILLIPS vs. Civil No. 4:07-cv-04083

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 AND ADJUDGED this 18th day of September 2008.

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