Withrow v. Social Security Administration Commissioner
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 14 Memorandum Opinion. Signed by Honorable Barry A. Bryant on January 3, 2013. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
VICKIE D. WITHROW
Civil No. 2:12-cv-02037
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
For reasons stated in a memorandum opinion of this date, I hereby reverse the decision of the
Commissioner and remand this case for further consideration pursuant to sentence four of 42 U.S.C.
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 to thirty (30) days after the
judgment becomes "not appealable" i.e., thirty (30) days after the sixty (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 this 3rd day of January 2013.
/s/ Barry A. Bryant
HON. BARRY A. BRYANT
U. S. MAGISTRATE JUDGE
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