Knaack v. Social Security Administration Commissioner

Filing 8

JUDGMENT/ORDER 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 7 Report and Recommendations. Signed by Honorable Robert T. Dawson on July 9, 2012. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
HELEN DIANE KNAACK
vs.

PLAINTIFF
Civil No. 2:11-cv-02144

MICHAEL J. ASTRUE
Commissioner, Social Security Administration

DEFENDANT

JUDGMENT
Now on this 9th day of July 2012 comes for consideration the Report and Recommendation
dated June 14, 2012 by the Honorable Barry A. Bryant, United States Magistrate Judge for the
Western District of Arkansas. ECF No. 7. 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) (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.
/s/ Robert T. Dawson
HON. ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE