Green v. Social Security Administration Commissioner

Filing 11

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 10 Report and Recommendations. Signed by Honorable Robert T. Dawson on December 20, 2012. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION ANGELA J. GREEN v. PLAINTIFF Civil No. 2:12-cv-02022-RTD-JRM MICHAEL J. ASTRUE, Commissioner Social Security Administration DEFENDANT J U D G M E N T Before the court is the Report and Recommendation of Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western District of Arkansas. ECF No. 10. 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 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, 113 S.Ct. 2625 (1993); 28 U.S.C. §§ 2412(d)(1)(B),(d)(2)(G). IT IS SO ORDERED this 20th day of December 2012. /s/ Robert T. Dawson________ Honorable Robert T. Dawson United States District Judge -2-

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