Herring v. Social Security Administration Commissioner

Filing 17

JUDGMENT reversing and remanding case for further consideration pursuant to sentence four. Signed by Honorable James R. Marschewski on September 2, 2011. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION

DEBRA L. HERRING
v.

PLAINTIFF
Civil No. 10-2127

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT
JUDGMENT

For reasons stated in a memorandum opinion of this date, the undersigned hereby
reverses the decision of the Commissioner and remands 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 thirty days after
the judgment becomes “not appealable,” i.e., thirty days after the sixty-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 this 2nd day of September 2011.
/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
CHIEF U.S. MAGISTRATE JUDGE

AO72A
(Rev. 8/82)