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)

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)