Opinion
Civil No. 2:17-cv-02081
11-02-2017
DUNG VAN PHAM PLAINTIFF v. NANCY A. BERRYHILL Commissioner, Social Security Administration DEFENDANT
JUDGMENT
Comes now the Court on this the 2nd day of November 2017, in accordance with the Memorandum Opinion entered in the above-styled case on today's date, and GRANTS the Defendants's Unopposed Motion to Remand. ECF No. 17. The decision of the Commissioner of Social Security is reversed, and this matter is remanded to the Commissioner pursuant to sentence four, 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.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U. S. MAGISTRATE JUDGE