Hempel v. Social Security Administration Commissioner
JUDGMENT REVERSING AND REMANDING CASE to Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g)(2006). Further, adopting Report and Recommendations 10 in its entirety. Signed by Honorable Robert T. Dawson on July 19, 2011. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Civil No. 2:10-cv-02121
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Now on this 19th day of July 2011, comes on for consideration the Report and Recommendation
dated June 29, 2011, by the Honorable Barry A. Bryant, 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) (2006).
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 to thirty (30) days after the
judgment becomes "not appealable" i.e., thirty (30) days after the sixty (60) day time for appeal has
See Shalala v. Schaefer, 509 U.S. 292, 296, 113 S.Ct. 2625 (1993); 28 U.S.C. §§
IT IS SO ORDERED.
/s/ Robert T. Dawson
HON. ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE
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