Whitney v. Social Security Administration

Filing 32

ORDER, pursuant to 29 & 30 Responses, the Court finds the report from Dr. Ziolko was timely submitted. As a result, this case is remanded to the Appeals Council for further proceedings consistent with 25 Opinion of the Eighth Circuit Court of Appeals. Signed by Magistrate Judge H. David Young on 4/10/2012. (jct)

IN THE UNITED STATES DISTR0ICT COURT
EASTERN DISTRICT OF ARKANSAS
JONESBORO DIVISION

CARL WHITNEY

VS.

PLAINTIFF

CASE NO. 3:10CV00120 HDY

MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION

DEFENDANT

ORDER

On February 15, 2012, the Eighth Circuit Court of Appeals remanded this case, directing
the court to determine whether the plaintiff timely submitted a report from Dr. Ziolko to the
Appeals Council as required under 20 C.F.R. § 404.970(b). We have directed the parties to
address the issue of the timeliness of the submission, and briefs have been filed. Docket entries
nos. 29 & 30. We find the report was timely submitted. As a result, we remand this case to the
Appeals Council for further proceedings consistent with the opinion of the Eighth Circuit Court
of Appeals.
IT IS SO ORDERED this 10 day of April, 2012.

____________________________________
UNITED STATES MAGISTRATE JUDGE