Moore v. Social Security Administration Commissioner

Filing 11

JUDGMENT 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 October 13, 2011. (lw)

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

KENNETH WAYNE MOORE
v.

PLAINTIFF
Civil No. 10-2176

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT
JUDGMENT

For reasons stated in a memorandum opinion entered on October 13, 2011, 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). ECF No. 10. 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 AND ADJUDGED this 13th day of October 2011.
/s/ J. Marschewski
HON. JAMES R. MARSCHEWSKI
CHIEF U.S. MAGISTRATE JUDGE

AO72A
(Rev. 8/82)