Cannon v. Social Security Administration Commissioner

Filing 9

JUDGMEN: For reasons stated in a memorandum opinion of this date, the decisionof the Commissioner is reversed and remand this case for further consideration pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Honorable Erin L. Setser on May 13, 2010. (dmc)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION

GREG ALAN CANNON

PLAINTIFF

v.

CIVIL NO. 09-6041

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 13th day of May 2010.

/s/ Erin L. Setser HON. ERIN L. SETSER UNITED STATES MAGISTRATE JUDGE

AO72A (Rev. 8/82)