Taylor v. Social Security Administration Commissioner

Filing 10

ORDER REMANDING CASE TO US AGENCY and reversing the decision of the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable Barry A. Bryant on December 16, 2008. cc: ALJ & OH&A w/MO(tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION BEATRICE C. TAYLOR vs. Civil No. 5:07-cv-05218 PLAINTIFF 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 16th day of December, 2008. /s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE

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