Wolaridge v. Social Security Administration Commissioner

Filing 10

JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) as set forth in the 9 Memorandum Opinion. Signed by Honorable James R. Marschewski on January 30, 2013. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION VESTA ELAINE WOLARIDGE o/b/o ALEXIS S. WHITE, deceased v. PLAINTIFF Civil No. 2:11-cv-02195-JRM 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 AND ADJUDGED this 30th day of January 2013. /s/ J. Marschewski HONORABLE JAMES R. MARSCHEWSKI CHIEF UNITED STATES MAGISTRATE JUDGE AO72A (Rev. 8/82)

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