King v. Social Security Administration Commissioner, No. 3:2011cv03056 - Document 9 (W.D. Ark. 2012)
Court Description: 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 8 Memorandum Opinion. Signed by Honorable James R. Marschewski on September 19, 2012. (lw)
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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION KAREN KING v. PLAINTIFF Civil No. 3:11-cv-03056-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 September 2012. /s/ J. Marschewski HONORABLE JAMES R. MARSCHEWSKI CHIEF UNITED STATES MAGISTRATE JUDGE AO72A (Rev. 8/82)
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