Morris v. Social Security Administration Commissioner

Filing 12

JUDGMENT REVERSING AND REMANDING CASE TO COMMISSIONER for futher consideration pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable Robert T. Dawson on December 14, 2010. (lw)

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Morris v. Social Security Administration Commissioner Doc. 12 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION PHILLIP MORRIS v. Civil No. 09-2136 PLAINTIFF MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT DEFENDANT N o w on this 14th day of December, 2010, comes on for consideration the Report and R eco m m en d atio n dated November 17, 2010, by the Honorable James R. Marschewski, United States M a g is tr a te 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 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 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/ Robert T. Dawson H O N O R A B LE ROBERT T. DAWSON U N IT E D STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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