Toth v. Social Security Administration Commissioner
JUDGMENT re Memorandum Opinion and reversing and remanding case for further consideration pursuant to sentence four. Signed by Honorable Erin L. Setser on April 30, 2012. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
MICHAEL S. TOTH
MICHAEL J. ASTRUE,
Commissioner of the Social Security Administration
For reasons stated in a memorandum opinion of this date, the Court 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 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 30th day of April, 2012.
/s/ Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE
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