Driver v. Social Security Administration Commissioner

Filing 11

JUDGMENT REMANDING CASE TO US AGENCY. Signed by Honorable Erin L. Setser on April 21, 2010. cc: ALJ & OH&A w/MO(tg)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION JIMMY W. DRIVER PLAINTIFF v. CIVIL NO. 09-5112 MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT DEFENDANT For reasons stated in a memorandum opinion of this date, we 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). 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 costs 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 21st day of April 2010. /s/ Erin L. Setser HON. ERIN L. SETSER UNITED STATES MAGISTRATE JUDGE AO72A (Rev. 8/82)

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