Kennedy v. Social Security Administration Commissioner
Filing
13
JUDGMENT REVERSING AND REMANDING CASE TO the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Honorable Erin L. Setser on October 29, 2010. (cap)
Kennedy v. Social Security Administration Commissioner
Doc. 13
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION
DRU P. KENNEDY
PLAINTIFF
v.
CIVIL NO. 09-6089
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 29th day of October 2010.
/s/ Erin L. Setser HON. ERIN L. SETSER UNITED STATES MAGISTRATE JUDGE
AO72A (Rev. 8/82)
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