Fuls v. Social Security Administration Commissioner

Filing 12

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 March 19, 2013. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION

STEPHEN P. FULS
v.

PLAINTIFF
Civil No. 3:11-cv-03139-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 19th day of March 2013.
/s/ J. Marschewski
HONORABLE JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE

AO72A
(Rev. 8/82)