Gulley v. Social Security Administration Commissioner

Filing 8

JUDGMENT REVERSING AND REMANDING CASE TO Commissioner pursuant to sentence four of 42 U.S.C.§ 405(g). Signed by Honorable Barry A. Bryant on February 23, 2010. (copy of Memorandum Opinion and Judgment furnished to OHA)(cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION MIA GULLY On Behalf Of A MINOR CHILD, L.N.G. vs. Civil No. 4:08-cv-04123 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 23rd day of February 2010. /s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE

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