Sizemore v. Social Security Administration Commissioner, No. 2:2018cv02165 - Document 17 (W.D. Ark. 2019)
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 16 Memorandum Opinion. Signed by Honorable Barry A. Bryant on January 3, 2019. (lw)
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Sizemore v. Social Security Administration Commissioner Doc. 17 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION HEATHER M. SIZEMORE vs. PLAINTIFF Civil No. 2:18-cv-02165 NANCY A. BERRYHILL Acting Commissioner, Social Security Administration DEFENDANT JUDGMENT Comes now the Court on this the 3rd day of January 2019, in accordance with the Memorandum Opinion entered in the above-styled case on today’s date, and GRANTS the Defendants’s Unopposed Motion to Remand. ECF No. 14. 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. /s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE Dockets.Justia.com
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