-JRM Jones v. Social Security Administration Commissioner
JUDGMENT adopting the Report and Recommendation in its entirety and reversing and remanding case to the Commissioner for further consideration pursuant to sentence four. Signed by Honorable Robert T. Dawson on October 7, 2011. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
MICHAEL E. JONES
Civil No. 10-cv-2178
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Now on this 7th day of October 2011, comes on for consideration the Report and
Recommendation dated September 15, 2011, by the Honorable James R. Marschewski, 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. §§
IT IS SO ORDERED.
/s/ Robert T. Dawson
HON. ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE
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