Burns v. Social Security Administration Commissioner
JUDGMENT reversing and remanding this case to the Commissioner for further consideration pursuant to sentence four, and ADOPTING REPORT AND RECOMMENDATIONS for 10 , further granting 8 Motion to Remand. Signed by Honorable Robert T. Dawson on May 5, 2011. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
TINA M. BURNS
Civil No. 10-1070
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Now on this 5th day of May, 2011, comes on for consideration the Report and
Recommendation dated April 7, 2011, by the Honorable Barry A. Bryant, United States Magistrate
Judge for the Western District of Arkansas. 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; grants Defendant’s Motion to Remand (doc.
8) in part, and remands this case to the Commissioner for further consideration pursuant to sentence
four of 42 U.S.C. § 405(g).
If plaintiff wishes to request an award of attorney's fees and cost under the Equal Access to
Justice Act (EAJA) 28 U.S.C. § 2412, an application may be filed up until 30 days after the judgment
becomes "not appealable" i.e., 30 days after the 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/ Robert T. Dawson
HONORABLE ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE
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