Newman v. Social Security Administration Commissioner
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)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
Civil No. 1:11-cv-1035
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
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. §§
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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