Fleming v. Social Security Administration Commissioner
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 January 12, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
TIMOTHY S. FLEMING
Civil No. 11-2155
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
For reasons stated in an order of this date, the undersigned remands this case to the
Commissioner 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 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. §§
IT IS SO ORDERED AND ADJUDGED this 12th day of January 2012.
/s/ J. Marschewski
HONORABLE JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE
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