Finney v. Social Security Administration Commissioner

Filing 9

JUDGMENT REVERSING AND REMANDING CASE TO Commissioner of Social Security for further consideration pursuant to sentence four of 42 U.S.C. §405(g). Signed by Honorable Barry A. Bryant on October 27, 2009. (copy of Memorandum Opinion and Judgment furnished to Office of Hearings & Appeals)(cap)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION TEXANNA FINNEY vs. Civil No. 4:08-cv-04086 DEFENDANT 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 this 27th day of October 2009. /s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE