Reynolds v. Social Security Administration Commissioner

Filing 12

JUDGMENT adopting in its entirety the Magistrate's 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 12, 2011. (rw)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
BILLY K. REYNOLDS
v.

PLAINTIFF
Civil No. 10-2097

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

JUDGMENT
Now on this 12 th day of May 2011, comes on for consideration the Report and
Recommendation dated April 12, 2011, by the Honorable James R. Marschewski, Chief United States
Magistrate Judge for the Western District of Arkansas. Fourteen (14) days have passed without
objections being filed by the parties. The Court has 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 Recommendation; reverses the decision of the
Commissioner; 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

AO72A
(Rev. 8/82)