-JRM Floyd v. Social Security Administration Commissioner
ORDER REVERSING AND REMANDING CASE to Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable James R. Marschewski on January 12, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
For reasons stated in a memorandum opinion of this date, the court concludes 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),
IT IS SO ORDERED this January 11, 2012.
/s/ J. Marschewski
HONORABLE JAMES R. MARSCHEWSKI
Chief United States Magistrate Judge
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