Lucy 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 15 Memorandum Opinion. Signed by Honorable Erin L. Setser on April 18, 2012. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HEATH R. LUCY
CIVIL NO. 10-3104
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
For reasons stated in a memorandum opinion of this date, we hereby reverse the decision
of the Commissioner and remand 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 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.C. 2625 (1993); 28 U.S.C. §§
IT IS SO ORDERED AND ADJUDGED this 18th day of April, 2012.
/s/ Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE
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