Bleiler v. Social Security Administration Commissioner

Filing 12

JUDGMENT reversing and remanding this case to the Commissioner for further consideration pursuant to sentence four of 42 USC 405(g). Signed by Honorable Jimm Larry Hendren on May 18, 2011. (sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION RONNIE BLEILER v. PLAINTIFF Civil No. 10-3060 MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT JUDGMENT For reasons stated in the Magistrate Judge’s Report and Recommendation dated March 11, 2011, we conclude that the decision of the Commissioner denying benefits to 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 18th day of May, 2011. /s/ Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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