Huggins 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 11 Memorandum Opinion. Signed by Honorable James R. Marschewski on January 30, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
JAMES R. HUGGINS
Civil No. 10-3066
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
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. §§
IT IS SO ORDERED AND ADJUDGED this 30th day of January 2012.
/s/ J. Marschewski
HONONABLE JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE
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