Woody v. Social Security Administration Commissioner
JUDGMENT adopting the 11 Report and Recommendation and reversing and remanding case to the Commissioner for further consideration pursuant to sentence four. Signed by Honorable Robert T. Dawson on May 25, 2011. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
JESSICA L. WOODY
Civil No. 10-2088
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
J U D G M E N T
Now on this 25th day of May 2011, comes on for consideration
the Report and Recommendation dated May 5, 2011, by the Honorable
James R. Marschewski, Chief United States Magistrate Judge for the
reviewed this case, and 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
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
cost 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.
/s/ Robert T. Dawson
HONORABLE ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE
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