Rhodifer v. Social Security Administration Commissioner

Opinion

Case 5:23-cv-05182-CDC Document 16 Filed 05/16/24 Page 1 of 1 PageID #: 540

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION

TRAVIS RHODIFER PLAINTIFF

v. CIVIL NO. 23-5182

MARTIN J. O’MALLEY, Commissioner Social Security Administration DEFENDANT

JUDGMENT

For reasons stated in a memorandum opinion of this date, the Court hereby reverses the

decision of the Commissioner, and remands this case for further consideration pursuant to sentence

four of 42 U.S.C. § 405(g). The parties have sixty days from entry of the judgment on the

docket in which to appeal.

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 until 30 days after the

judgment becomes "not appealable" i.e., 30 days after the 60-day time for appeal has ended. See

Shalala v. Schaefer, 509 U.S. 292, 296 (1993); 28 U.S.C. §§ 2412(d)(1)(B), (d)(2)(G).

IT IS SO ORDERED AND ADJUDGED this 16th day of May 2024.

/s/____________________________________ CHRISTY COMSTOCK UNITED STATES MAGISTRATE JUDGE