Brewer v. Social Security Administration Commissioner
Filing
12
JUDGMENT REVERSING AND REMANDING THIS CASE to the Commissioner for further consideration pursuant to sentence four of USC 405(g). Report and Recommendation is adopted in toto. Signed by Honorable Robert T. Dawson on November 8, 2011. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
SHELIA KAY BREWER
v.
PLAINTIFF
Civil No. 2:11-cv-02043
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
DEFENDANT
JUDGMENT
Now on this 8th day of November 2011, comes on for consideration the Report and
Recommendation dated October 18, 2011, by the Honorable Barry A. Bryant, United States Magistrate
Judge for the Western District of Arkansas. 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)
(2006).
If plaintiff wishes to request an award of attorney's fees and costs under the Equal Access to
Justice Act (EAJA) 28 U.S.C. § 2412, an application may be filed up to thirty (30) days after the
judgment becomes "not appealable" i.e., thirty (30) days after the sixty (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
HON. ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE
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