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Helms v. Colvin

United States District Court, Western District of Arkansas, Texarkana Division

March 9, 2015

GARY WAYNE HELMS, PLAINTIFF
v.
CAROLYN COLVIN Commissioner, Social Security Administration, DEFENDANT

JUDGMENT

HON. BARRY A. BRYANT, U.S. 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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