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Smith v. Berryhill, 6:17-cv-06080. (2018)

Court: District Court, W.D. Arkansas Number: infdco20180627739 Visitors: 13
Filed: Jun. 26, 2018
Latest Update: Jun. 26, 2018
Summary: JUDGMENT BARRY A. BRYANT , Magistrate Judge . For reasons stated in the 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 (3
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JUDGMENT

For reasons stated in the 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.

Source:  Leagle

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