Dodd v. Social Security Administration Commissioner

Filing 11

JUDGMENT reversing the decision of the Commissioner and remands this case to the Commissioner for further consideration under Equal Access to Justice, 42 USC 405 (g), and adopting Report and Recommendations re 10 . Signed by Honorable Robert T. Dawson on September 15, 2011. (sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TROY VINCENT DODD PLAINTIFF v. Civil No. 10-2150 MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT J U D G M E N T Now on this 15th day of September 2011, comes on for consideration the Report and Recommendation dated August 26, 2011, by the Honorable James R. Marschewski, Chief United Magistrate Judge for the Western District of Arkansas. States 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). AO72A (Rev. 8/82) IT IS SO ORDERED. /s/ Robert T. Dawson HONORABLE ROBERT T. DAWSON UNITED STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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