Liddell 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 9 Report and Recommendation of the Magistrate Judge. Signed by Honorable Robert T. Dawson on May 14, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
GARY ROY LIDDELL
MICHAEL J. ASTRUE,
Commissioner of the Social Security Administration
Now on this 14th day of May 2012, comes on for consideration the Report and
Recommendation dated April 24, 2012, by the Honorable Erin L. Setser, United States
Magistrate Judge for the Western District of Arkansas. 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; grants
Defendant’s Motion (doc. 7); 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 cost 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.
/s/ Robert T. Dawson
HON. ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE
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