FLOYD v. ASTRUE, 3:10-CV-03108. (2012)
Court: District Court, W.D. Arkansas
Number: infdco20120113817
Visitors: 6
Filed: Jan. 11, 2012
Latest Update: Jan. 11, 2012
Summary: ORDER JAMES R. MARSCHEWSKI, Chief Magistrate Judge. 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
Summary: ORDER JAMES R. MARSCHEWSKI, Chief Magistrate Judge. 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 ..
More
ORDER
JAMES R. MARSCHEWSKI, Chief Magistrate Judge.
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), (d)(2)(G).
IT IS SO ORDERED.
Source: Leagle
