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)

Download PDF
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

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?