Moore v. Social Security Administration Commissioner
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 December 2, 2008. (copy of Memorandum Opinion and Judgment furnished to Office of Hearings & Appeals)(cap) Modified on 12/3/2008 to correct text (cap).
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION JANA R. MOORE vs. Civil No. 4:07-cv-04112 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 2nd day of December, 2008.
/s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE
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