Downs 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 13 Memorandum Opinion. Signed by Honorable James R. Marschewski on November 15, 2013. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
CHALANE MARIE DOWNS
Civil No. 3:12-CV-3127-JRM
CAROLYN W. COLVIN1, Commissioner
Social Security Administration
For reasons stated in a memorandum opinion of this date, we conclude 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 AND ADJUDGED this 15th day of November 2013.
/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
UNITED STATES MAGISTRATE JUDGE
Carolyn W. Colvin became the Social Security Commissioner on February 14, 2013. Pursuant to Rule
25(d)(1) of the Federal Rules of Civil Procedure, Carolyn W. Colvin has been substituted for Commissioner
Michael J. Astrue as the defendant in this suit.
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