Chenowith v. Social Security Administration Commissioner
JUDGMENT: Reversing and Remanding this case to the Commissioner for further consideration, and ORDER ADOPTING REPORT AND RECOMMENDATIONS 7 . Signed by Honorable Jimm Larry Hendren on March 24, 2009. (sh)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION
BEVERLY D. CHENOWITH v. Civil No. 08-02019
MICHAEL J. ASTRUE, Commissioner Social Security Administration
N O W on this 24th day of March 2009, comes on for consideration t h e Magistrate Judge's Report and Recommendation, dated March 4, 2 0 0 9 (document #7).
Ten (10) days have passed without objections The Court has reviewed this case, and
being filed by the parties.
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; reverses the decision of the ALJ; 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 costs under the Equal Access to Justice Act, 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/Jimm Larry Hendren HONORABLE JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE
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