Baca v. Social Security Administration Commissioner

Filing 14

ORDER granting 11 Motion to Remand; ORDER REMANDING CASE TO US AGENCY for further consideration pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable James R. Marschewski on November 17, 2008. cc: ALJ & OH&A w/MO(tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION FABIAN BACA v. CIVIL NO. 08-5133 MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT DEFENDANT For reasons stated in a memorandum opinion of this date, we conclude that the decision of the Commissioner denying benefits to the plaintiff is not supported by substantial evidence and should be reversed and remanded 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 cost 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 17th day of November 2008. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE AO72A (Rev. 8/82)

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