Moore v. Social Security Administration

Filing 12

JUDGMENT: adopting 11 Report and Recommendations; Decision of SSA reversed and remanded pursuant to "sentence four" of 42:405(g). Signed by Honorable Harry F. Barnes on March 9, 2011. (cnn)

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Moore v. Social Security Administration Doc. 12 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION DEBORAH D. MOORE vs. Civil No. 1:09-cv-01053 DEFENDANT PLAINTIFF MICHAEL J. ASTRUE Commissioner, Social Security Administration JUDGMENT Now on this 9th day of March 2011, comes for consideration the Report and Recommendation dated February 16, 2011 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. ECF No. 11. Fourteen (14) days have passed without objections being filed by the parties. The Court has reviewed this case, and being well and sufficiently advised, finds that the Report and Recommendation is proper and should be adopted in its entirety. Accordingly, the Court hereby adopts the 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) (2010). 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 to thirty (30) days after the judgment becomes "not appealable" i.e., thirty (30) days after the sixty (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. 2412(d)(1)(B),(d)(2)(G). IT IS SO ORDERED. /s/ Harry F. Barnes Hon. Harry F. Barnes United States District Judge

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