Allen v. Social Security Administration Commissioner
JUDGMENT re 14 Memorandum Opinion reversing and remanding case to the commissioner for further consideration pursuant to sentence four. Signed by Honorable James R. Marschewski on October 18, 2011. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
LENNY WADE ALLEN
Civil No. 10-2148
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
For reasons stated in a memorandum opinion of this date, we conclude that the decision
of the Commissioner denying benefits to the plaintiff is not supported by substantial evidence
and should be reversed and remanded 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 cost 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, 113 S.Ct. 2625 (1993); 28 U.S.C. §§ 2412(d)(1)(B),
IT IS SO ORDERED AND ADJUDGED this 18th day of October 2011.
/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
UNITED STATES MAGISTRATE JUDGE
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