Bell v. Social Security Administration Commissioner

Filing 8

JUDGMENT: REVERSING AND REMANDING TO THE COMMISSIONER FOR FURTHER CONSIDERATION, pursuant to sentence four of 42 USC 405(g), and ADOPTING REPORT AND RECOMMENDATIONS 7 . Signed by Honorable Jimm Larry Hendren on September 9, 2009. (sh) Modified on 9/10/2009 to edit text (rw).

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TRACY A. BELL v. Civil No. 08-2100 PLAINTIFF MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT DEFENDANT N o w on this 9th day of September, 2009, comes on for consideration the Report and R eco m m en d atio n dated July 29, 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 er; 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 cost 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/Jim m Larry Hendren H O N O R A B LE JIMM LARRY HENDREN U N IT E D STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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