Vermillion v. Social Security Administration Commissioner

Filing 24

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 23 Memorandum Opinion. Signed by Honorable Barry A. Bryant on January 25, 2019. (mll)

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

ROBBIE LEE VERMILLION

vs.

PLAINTIFF

Civil No. 4:18-cv-04039

NANCY BERRYHILL
Acting 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 AND ADJUDGED this 25th day of January 2019.

Barry A. Bryant

/s/
HON. BARRY A. BRYANT
U. S. MAGISTRATE JUDGE