Marsh 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 13 Report and Recommendations. Signed by Honorable P. K. Holmes, III on December 5, 2012. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Case No. 2:12-CV-02033
MICHAEL J. ASTRUE, Commissioner of
Social Security Administration
Currently before the Court is the Report and Recommendation (Doc. 13) filed in this case
on October 19, 2012, by the Honorable Barry A. Bryant, United States Magistrate for the Western
District of Arkansas. Neither party has filed objections to the Report and Recommendation, and the
time period for filing objections has passed.
The Court has reviewed this case and, being well and sufficiently advised, finds as follows:
the Report and Recommendation is proper and should be and hereby is ADOPTED IN ITS
ENTIRETY. Accordingly, the decision of the Administrative Law Judge is reversed, and this case
is remanded to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C.
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 (1993); 28 U.S.C. §§2412(d)(1)(B),(d)(2)(G).
IT IS SO ORDERED this 5th day of December, 2012.
/s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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