Scott v. Social Security Administration Commissioner
JUDGMENT adopting the 11 Report and Recommendation and reversing and remanding case to the Commissioner for further consideration pursuant to sentence four. Signed by Honorable P. K. Holmes, III on December 9, 2011. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Case No. 2:11-cv-02021
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Currently before the Court is the Report and Recommendations (Doc. 11) dated October 25,
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 9th day of December, 2011.
s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE
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