Hubb v. Social Security Administration Commissioner
JUDGMENT REMANDING CASE TO Commissioner of Social Security for further consideration pursuant to sentence four of 42 U.S.C. sec. 405(g). Signed by Honorable Barry A. Bryant on January 7, 2010. (copy of Memorandum Opinion and Judgment furnished to Office of Hearings and Appeals)(cap)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION WALTER ALVIN HUBB vs. Civil No. 4:08-cv-04110 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 7th day of January 2010. /s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE
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