Cowan v. Social Security Administration Commissioner

Filing 12

JUDGMENT REVERSING THE DECISION OF THE ADMINISTRATIVE LAW JUDGE 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 , Report and Recommendations. Signed by Honorable P. K. Holmes, III on July 16, 2012. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
EVA COWAN
v.

PLAINTIFF
Case No. 2:11-CV-02181

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

JUDGMENT
Currently before the Court is the Report and Recommendation (Doc. 11) dated June 18, 2012,
by the Honorable James R. Marschewski, Chief 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 development of the record.
If Plaintiff wishes to request an award of attorney's fees and costs under the Equal Access to
Justice Act, 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 16th day of July, 2012.

s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE