Green 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 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)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
ANGELA J. GREEN
Civil No. 2:12-cv-02022-RTD-JRM
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
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.
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
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