Hempel v. Social Security Administration Commissioner

Filing 11

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)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TAMMY HEMPEL v. PLAINTIFF Civil No. 2:10-cv-02121 MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT JUDGMENT 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 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 HON. ROBERT T. DAWSON UNITED STATES DISTRICT JUDGE

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