Vickers v. Social Security Administration Commissioner

Filing 9

JUDGMENT REVERSING AND REMANDING CASE TO COMMISSIONER for further consideration pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Honorable Erin L. Setser on November 2, 2010. (cap)

Vickers v. Social Security Administration Commissioner

Doc. 9

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

JOHN WILLIAM VICKERS

PLAINTIFF

v.

CIVIL NO. 09-4104

MICHAEL J. ASTRUE, Commissioner Social Security Administration

DEFENDANT

JUDGMENT For reasons stated in a memorandum opinion of this date, we 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). The parties have sixty days from entry of the judgment on the docket in which to appeal. 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 until 30 days after the judgment becomes "not appealable" i.e., 30 days after the 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 November 2010.

/s/ Erin L. Setser HON. ERIN L. SETSER UNITED STATES MAGISTRATE JUDGE

AO72A (Rev. 8/82)

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