Sizemore v. Social Security Administration Commissioner

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION HEATHER M. SIZEMORE PLAINTIFF vs. Civil No. 2:18-cv-02165 NANCY A. BERRYHILL DEFENDANT Acting Commissioner, Social Security Administration 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