Anderson v. SSA Commissioner

Filing 15

JUDGMENT/ORDER ADOPTING REPORT AND RECOMMENDATIONS 14 ; case remanded to SSA pursuant to "sentence four" of 42:405(g). Signed by Honorable Harry F. Barnes on July 28, 2009. (cnn)

IN THE UNITED STATES DISTRICT COURT WE S T ER N DISTRICT OF ARKANSAS E L DORADO DIVISION

R O Y L. ANDERSON

P LA IN T IFF

VS.

C A S E NO. 1:04-CV-1077

M IC H A E L J. ASTRUE, Commissioner S o cial Security Administration

D E FE N D A N T

JUDGM ENT N o w on this 28th day of July 2009, comes for consideration the Report and Recommendation d ated July 8, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western D istrict of Arkansas. Ten (10) days have passed without objections being filed by the parties. The C o u rt has reviewed the case, and being well and sufficiently advised, finds that the Report and R eco m m en d atio n is proper and should be adopted in its entirety. Accordingly, the Court hereby adopts th e Report and Recommendation; reverses the decision of the Commissioner, and remands this case to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. § 405(g) (2006). If plaintiff wishes to request an award of attorney's fees and costs under the Equal Access to J u s tic e Act (EAJA) 28 U.S.C. §2412, an application may be filed up to thirty (30) days after the ju d gm en t becomes "not appealable" i.e., thirty (30) days after the sixty (60) day time for appeal has en d ed . 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. /s/Harry F. Barnes Hon. Harry F. Barnes U n ited States District Judge