McEarl v. Social Security Administration Commissioner

United States District Court for the Western District of Arkansas

McEarl v. Social Security Administration Commissioner

Trial Court Opinion

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HOT SPRINGS DIVISION

JONATHAN MCEARL PLAINTIFF

vs. Civil No. 6:21-cv-06106

COMMISSIONER, DEFENDANT SOCIAL SECURITY ADMINISTRATION

J U D G M E N T

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 this 5th day of April 2022.

Barry A. Bryant /s/ HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE

Reference

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