Toran v. Social Security Administration Commissioner
JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) as set forth in the 13 Memorandum Opinion. Signed by Honorable James R. Marschewski on August 27, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DONALD R. TORAN
Civil No. 11-2148
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), (d)(2)(G).
IT IS SO ORDERED AND ADJUDGED this 27th day of August 2012.
/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
UNITED STATES MAGISTRATE JUDGE
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