Palmer v. Social Security Administration Commissioner
JUDGMENT REMANDING CASE TO US AGENCY for further consideration pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable Robert T. Dawson on January 29, 2009. (lw) Modified on 1/29/2009 to edit text(lw).
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION LINDA A. PALMER v. Civil No. 07-2132 PLAINTIFF
MICHAEL J. ASTRUE, Commissioner Social Security Administration
N o w on this 29th day of January 2009, comes on for consideration the Report and R eco m m en d atio n dated January 8, 2009, by the Honorable James R. Marschewski, United States M agistrate Judge for the Western District of Arkansas. Ten (10) days have passed without objections b ein g filed by the parties. The Court has reviewed this case, and being well and sufficiently advised, fin d s that the Report and Recommendation is proper and should be adopted in its entirety. A cco rd in gly, the Court hereby adopts the Report and Recommendation, reverses the decision of the C o m m is s io n e r , and remands this case to the Commissioner for further consideration pursuant to sen ten ce four of 42 U.S.C. § 405(g). If plaintiff wishes to request an award of attorney's fees and costs under the Equal Access to Ju stice Act (EAJA) 28 U.S.C. § 2412, an application may be filed up until 30 days after the judgment b ec o m e s "not appealable" i.e., 30 days after the 60-day time for appeal has ended. See Shalala v. S ch a efer, 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 U N IT E D STATES DISTRICT JUDGE
AO72A (Rev. 8/82)
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