ASHLEY v. BERRYHILL

Civil No. 2:16-cv-02059.

CHRISTINA L. ASHLEY, Plaintiff, v. NANCY BERRYHILL Acting Commissioner, Social Security Administration, Defendant.

United States District Court, W.D. Arkansas, Fort Smith Division.

Editors Note
Applicable Law: 42 U.S.C. § 405
Cause: 42 U.S.C. § 405 Review of HHS Decision (SSID)
Nature of Suit: 864 Social Security: SSID Tit. XVI
Source: PACER


Attorney(s) appearing for the Case

Christina L. Ashley, Plaintiff, represented by Michael Hamby , Attorney at Law.

Social Security Administration Commissioner, Defendant, represented by Fatima Shah , Office of the General Counsel & Deborah Fennell Groom , United States Attorney's Office.


JUDGMENT

BARRY A. BRYANT, Magistrate Judge.

For reasons stated in a 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 AND ADJUDGED.


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