Wesson v. Social Security Administration Commissioner, No. 4:2008cv04012 - Document 10 (W.D. Ark. 2008)

Court Description: JUDGMENT reversing decision of Commissioner and REMANDING CASE TO US AGENCY. Signed by Honorable Barry A. Bryant on December 24, 2008. cc: ALJ & OH&A w/ copy of Memorandum Opinion(ct)
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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION NADINE WESSON vs. PLAINTIFF Civil No. 4:08-cv-04012 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 24th day of December 2008. /s/ Barry A. Bryant HON. BARRY A. BRYANT U. S. MAGISTRATE JUDGE