Herman v. Social Security Administration Commissioner
JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) and adopting the Recommendation of the Magistrate Judge as set forth in the 11 . Signed by Honorable P. K. Holmes, III on May 9, 2012. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Case No. 2:11-CV-02094
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Currently before the Court is the Report and Recommendation (Doc. 11) dated April 12,
2012, by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the
Western District of Arkansas. More than 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 costs 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 (1993); 28 U.S.C. §§2412(d)(1)(B),(d)(2)(G).
IT IS SO ORDERED this 9th day of May, 2012.
s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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