Moore v. Barnhart

Filing 29

JUDGMENT granting 27 MOTION to Remand filed by Jo Anne B Barnhart. The decision of the Commissioner of Social Security is reversed, and remanded to the Commissioner pursuant to sentence four, 42 USC 405(g). Signed by Honorable Barry A. Bryant on February 4, 2008. (cc: Office of Hearing and Appeals)(dmc)

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Moore v. Barnhart Doc. 29 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION DOROTHEA MOORE On Behalf Of A Minor Child, J.L.S. vs. Civil No. 6:05-cv-06066 PLAINTIFF MICHAEL J. ASTRUE1 Commissioner, Social Security Administration JUDGMENT DEFENDANT Comes now the Court on this the 4th day of February, 2008, in accordance with the Memorandum Opinion entered in the above-styled case on today's date, and GRANTS the Commissioner's Motion to Remand. (Doc. No. 27). 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 this 4th day of February 2008. /s/ Barry A. Bryant Honorable Barry A. Bryant United States Magistrate Judge 1 Michael J. Astrue became the Social Security Commissioner on February 12, 2007. Pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure, Michael J. Astrue has been substituted for acting Commissioner Jo Anne B. Barnhart as the defendant in this suit. Dockets.Justia.com

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