Brewton 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 12 Memorandum Opinion. Signed by Honorable James R. Marschewski on September 17, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
DAMON P. BREWTON
Civil No. 11-2156
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 September 2012.
/s/ J. Marschewski
HONORABLE JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE
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