Turner v. Social Security Administration Commissioner

Filing 10

JUDGMENT adopting Report and Recommendation in its entirety. Further reversing and remanding the decision of the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable Jimm Larry Hendren on February 12, 2010. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION CHARLES M. TURNER v. Civil No. 08-2122 PLAINTIFF MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT DEFENDANT N o w on this 12th day of February, 2010, comes on for consideration the Report and R eco m m en d atio n dated January 20, 2010, by the Honorable James R. Marschewski, Chief United S tates Magistrate Judge for the Western District of Arkansas. Fourteen (14) days have passed without o b jectio n s being filed by the parties. The Court has reviewed this case, and being well and sufficiently ad v ised , finds 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 issio 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 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 eco m es "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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