Bleiler 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 Jimm Larry Hendren on May 18, 2011. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
Civil No. 10-3060
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
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),
IT IS SO ORDERED AND ADJUDGED this 18th day of May, 2011.
/s/ Jimm Larry Hendren
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE
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