Benson v. Social Security Administration Commissioner
Filing
14
JUDGMENT/ORDER REMANDING THIS CASE TO THE COMMISSIONER PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) and adopting the Recommendation of the Magistrate Judge as set forth in the 13 Report and Recommendations,. Signed by Honorable Susan O. Hickey on March 17, 2014. (cnn)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
EL DORADO DIVISION
KIM BENSON
vs.
PLAINTIFF
Civil No. 1:13-cv-01064
CAROLYN W. COLVIN
Commissioner, Social Security Administration
DEFENDANT
JUDGMENT
Before the Court is the Report and Recommendation filed on February 12, 2014 by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 13. Judge Bryant recommends this case be remanded pursuant to Sentence Four of Section
205(g) of the Social Security Act. Id.
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). Therefore, the Court adopts the Report and
Recommendation in toto. The matter is hereby remanded pursuant to Sentence Four of Section
205(g) of the Social Security Act.
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 17th day of March, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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