Keith v. Social Security Administration Commissioner

Filing 13

JUDGMENT REVERSING AND REMANDING THIS CASE to the Commissioner for further consideration, pursuant sentence four of 42 USC 405(g), and ADOPTING MAGISTRATE'S REPORT AND RECOMMENDATIONS. Signed by Honorable Robert T. Dawson on November 16, 2011. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
WENDI LYNN KEITH

PLAINTIFF

v.

Civil No. 11-2019

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

J U D G M E N T
Now

on

16th

this

day

of

November,

2011,

comes

on

for

consideration the Report and Recommendation dated October 24, 2011,
by

the

Honorable

James

R.

Marschewski,

Chief

United

Magistrate Judge for the Western District of Arkansas.
(14) days
parties.

have

passed

without

objections being filed

States

Fourteen
by the

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.

AO72A
(Rev. 8/82)

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
HONORABLE ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE

AO72A
(Rev. 8/82)