McMorris v. Social Security Administration Commissioner

Filing 11

JUDGMENT REVERSING AND REMANDING CASE TO THE COMMISSIONER for further consideration pursuant to sentence four of 42 U.S.C.§ 405(g). Signed by Honorable Barry A. Bryant on July 27, 2011. (mfr)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION ERWYN MCMORRIS vs. PLAINTIFF Civil No. 4:10-cv-04104 MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT 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 July, 2011. /s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE

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