Roberson v. Social Security Administration Commissioner

Filing 15

JUDGMENT REVERSING AND REMANDING this case to the Commissioner for further consideration pursuant to sentence four of 42 USC 405(g), and ADOPTING REPORT AND RECOMMENDATIONS in toto re 14 . Signed by Honorable P. K. Holmes, III on December 8, 2011. (sh)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION TERRI ROBERSON v. PLAINTIFF Case No. 2:11-cv-02020 MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT JUDGMENT Currently before the Court is the Report and Recommendations dated October 17, 2011, by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western District of Arkansas. More than 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). IT IS SO ORDERED this 8th day of December, 2011. s/P. K. Holmes, III P.K. HOLMES, III UNITED STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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