Ditton v. Social Security Administration Commissioner, No. 2:2015cv02061 - Document 13 (W.D. Ark. 2015)

Court Description: JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) as set forth in the 12 Memorandum Opinion. Signed by Honorable Erin L. Setser on October 21, 2015. (lw)

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Ditton v. Social Security Administration Commissioner Doc. 13 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION JULIANNA DITTON V. PLAINTIFF NO. 15-2061 CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration DEFENDANT JUDGMENT For reasons stated in a Memorandum Opinion of this date, the Court hereby reverses the decision of the Commissioner and remands 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 October, 2015. /s/ Erin L. Setser UNITED STATES MAGISTRATE JUDGE Dockets.Justia.com

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