Herrington v. Social Security Administration Commissioner, No. 5:2008cv05128 - Document 10 (W.D. Ark. 2009)

Court Description: JUDGMENT REMANDING CASE TO US AGENCY and reversing the decision of the Commissioner pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable James R. Marschewski on August 24, 2009. cc: ALJ & OH&A w/MO(tg)
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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION CINDY E. HERRINGTON v. PLAINTIFF Civil No. 08-5128 MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT JUDGMENT For reasons stated in a memorandum opinion of this date, we conclude that the decision of the Commissioner denying benefits to the plaintiff is not supported by substantial evidence and should be reversed and remanded 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 cost 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 24th day of August 2009. /s/ J. Marschewski HON. JAMES R. MARSCHEWSKI UNITED STATES MAGISTRATE JUDGE AO72A (Rev. 8/82)