Lafayette v. Comm'r, Soc. Sec. Admin.

Full title: ARTHUR CARL LAFAYETTE PLAINTIFF v. COMMISSIONER, SOCIAL SECURITY…

Court: UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION

Date published: Jun 24, 2020

Civil No. 4:19-cv-04056 (W.D. Ark. Jun. 24, 2020)

Opinion

Civil No. 4:19-cv-04056

06-24-2020

ARTHUR CARL LAFAYETTE PLAINTIFF v. COMMISSIONER, SOCIAL SECURITY ADMINISTRATION DEFENDANT

HON. BARRY A. BRYANT UNITED STATES MAGISTRATE JUDGE

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 maay 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 24^th day of June 2020.

/s/_________

HON. BARRY A. BRYANT

UNITED STATES MAGISTRATE JUDGE