Woods v. Social Security Administration Commissioner
Filing
15
JUDGMENT REMANDING CASE to Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g). Further ADOPTING 14 Report and Recommendation in it entirety. Signed by Honorable P. K. Holmes, III on October 20, 2011. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
VANESSA R. WOODS
v.
PLAINTIFF
Civil No. 2:11-cv-02071
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
DEFENDANT
JUDGMENT
Currently before the Court is the Report and Recommendation (Doc. 14) filed August 30,
2011 by the Honorable James R. Marschewski, 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, and hereby is, ADOPTED IN ITS
ENTIRETY.
Accordingly, for the reasons stated in the Magistrate Judge’s Report and
Recommendation, Defendant’s Motion to Remand (Doc. 12) is GRANTED and this case is
REMANDED to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C.
§ 405(g) (2010).
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 this 20th day of October, 2011.
/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE
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