Teague v. Social Security Administration Commissioner

Filing 15

JUDGMENT: Reversing and Remanding this matter to the Commissioner for further consideration, pursuant to sentence four of 28 USC 405(g), and ORDER ADOPTING REPORT AND RECOMMENDATIONS 14 . Civil Case Terminated. Signed by Honorable Robert T. Dawson on December 7, 2009. (sh)

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION SHARON TEAGUE v. CIVIL NO. 09-2058 PLAINTIFF MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT JUDGMENT For reasons stated in a report and recommendation dated November 16, 2009, we conclude that the decision of the Commissioner denying benefits to Plaintiff is not supported by substantial evidence and should be reversed and remanded for further consideration pursuant to sentence four of 42 U.S.C. 405(g). The parties have sixty days from entry of the judgment on the docket in which to appeal. 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 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 AND ADJUDGED this 7th day of December 2009. /s/ Robert T. Dawson HON ROBERT T. DAWSON UNITED STATES DISTRICT JUDGE AO72A (Rev. 8/82)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?