Winberry v. Social Security Administration Commissioner
JUDGMENT reversing and remanding this case to the Commissioner for further consideration pursuant to sentence four of 42 USC 405(g). Signed by Honorable James R. Marschewski on June 17, 2011. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Civil No. 10-2119
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
For reasons stated in a memorandum opinion of this date, the undersigned 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 thirty days after
the judgment becomes “not appealable,” i.e., thirty days after the sixty-day time for appeal has
ended. See Shalala v. Schaefer, 509 U.S. 292, 296, 113 S.Ct. 2625 (1993); 28 U.S.C. §§
IT IS SO ORDERED AND ADJUDGED this 17th day of June 2011.
/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
CHIEF U.S. MAGISTRATE JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?