Van Winkle v. Soc. Sec. Admin. Comm'r

Full title: SCOTT VAN WINKLE PLAINTIFF v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER…

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

Date published: Jul 23, 2019

Civil No. 4:18-cv-04122 (W.D. Ark. Jul. 23, 2019)

Opinion

Civil No. 4:18-cv-04122

07-23-2019

SCOTT VAN WINKLE PLAINTIFF v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER 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 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 23rd day of July 2019.

/s/_________

HON. BARRY A. BRYANT

UNITED STATES MAGISTRATE JUDGE