Neely v. Social Security Administration Commissioner, No. 1:2008cv01090 - Document 7 (W.D. Ark. 2010)

Court Description: JUDGMENT decision of Social Security Administration Commissioner reversed and remanded pursuant to 42:405(g) "sentence four". Signed by Honorable Barry A. Bryant on January 20, 2010. (cnn)
Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION CINDY NEELY vs. PLAINTIFF Civil No. 1:08-cv-01090 MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT JUDGMENT For reasons stated in a memorandum opinion of this date, I 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). 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 this 20th day of January 2010. /s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE