Graves v. Social Security Administration Commissioner, No. 4:2022cv04011 - Document 22 (W.D. Ark. 2023)

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). Signed by Honorable Barry A Bryant on January 23, 2023.(mll)

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Graves v. Social Security Administration Commissioner Doc. 22 IN UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION GARY GRAVES vs. PLAINTIFF Civil No. 4:22-cv-04011 KILOLO KIJAKAZI Acting Commissioner, Social Security Administration DEFENDANT JUDGMENT Comes now the Court on this the 23rd day of January 2023, in accordance with the Memorandum Opinion entered in the above-styled case on today’s date and GRANTS the Defendant’s Unopposed Motion To Reverse and Remand. ECF No. 19. 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. Barry A. Bryant /s/ HON. BARRY A. BRYANT UNITED STATES JUDGE Dockets.Justia.com

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