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)

Download PDF
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)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?