Newman v. Social Security Administration Commissioner

Filing 11

ORDER adopting the 10 Report and Recommendation in toto and reversing the decision of the Commissioner and remanding case for further consideration pursuant to sentence four. Signed by Honorable Susan O. Hickey on April 27, 2012. (rw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS EL DORADO DIVISION ARONDA NEWMAN VS. PLAINTIFF Civil No. 1:11-cv-1035 MICHAEL J. ASTRUE Commissioner, Social Security Administration DEFENDANT ORDER Before the Court is the Report and Recommendation filed April 4, 2012, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No. 10). Judge Bryant recommends that the decision of the ALJ, denying disability benefits to Plaintiff, be reversed and remanded for proper review and analysis of the opinions of Plaintiff’s physician, Dr. Joe Wharton. The parties have not filed objections to the Report and Recommendation, and the time to object has passed. See 28 U.S.C. § 636(b)(1). Accordingly, the Court hereby adopts the Report and Recommendation in toto; 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 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, this 27th day of April, 2012. /s/ Susan O. Hickey Hon. Susan O. Hickey United States District Judge

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