Dillihunt v. Social Security Administration Commissioner

Filing 12

JUDGMENT granting 10 Motion to Remand, REVERSING AND REMANDING CASE TO Commissioner of Social Security pursuant to sentence four, 42 USC sec. 405(g). Signed by Honorable Barry A. Bryant on December 2, 2008. (copy of Memorandum Opinion and Judgment sent to Office of Hearings and Appeals)(cap)

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

CANDACE L. DILLIHUNT

PLAINTIFF

vs.

Civil No. 4:08-cv-04049

MICHAEL J. ASTRUE Commissioner, Social Security Administration JUDGMENT

DEFENDANT

Comes now the Court on this the day of 2nd December, 2008, 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. 10). 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