Richardson v. Social Security Administration Commissioner
Filing
9
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 8 Report and Recommendations. Signed by Honorable P. K. Holmes, III on September 26, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
GINETTE RICHARDSON
v.
PLAINTIFF
Case No. 2:11-CV-02142
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
DEFENDANT
JUDGMENT
Currently before the Court is the Report and Recommendation (Doc. 8) dated August 30,
2012, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of
Arkansas. The objection period has passed without objections being filed by either party. 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 Administrative Law Judge; 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 26th day of September, 2012.
/ s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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