Dillihunt v. Social Security Administration Commissioner
Filing
15
JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) as set forth in the 14 Memorandum Opinion. Signed by Honorable Barry A. Bryant on April 17, 2017. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
JANARIO D. DILLIHUNT
vs.
PLAINTIFF
Civil No. 4:16-cv-04115
NANCY A. BERRYHILL
Commissioner, Social Security Administration
DEFENDANT
JUDGMENT
Comes now the Court on this the 17th day of April 2017, in accordance with the
Memorandum Opinion entered in the above-styled case on today’s date, and GRANTS the
Defendant’s Unopposed Motion to Remand. ECF No. 12. The decision of the Commissioner of
Social Security is reversed, and this matter is remanded to the Commissioner pursuant to sentence
four, 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.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U. S. MAGISTRATE JUDGE
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