Keith v. Social Security Administration Commissioner
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
Civil No. 11-2019
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
J U D G M E N T
consideration the Report and Recommendation dated October 24, 2011,
Magistrate Judge for the Western District of Arkansas.
objections being filed
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
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).
IT IS SO ORDERED.
/s/ Robert T. Dawson
HONORABLE ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE
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?