Davis 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 14 Report and Recommendations. Signed by Honorable Robert T. Dawson on November 26, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
SHEILA J. DAVIS
Civil No. 12-2056
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
J U D G M E N T
Now on this 26th day of November 2012, comes on for consideration
the Report and Recommendation dated November 5, 2012, by the Honorable
James R. Marschewski, Chief United States Magistrate Judge for the
Western District of Arkansas (doc. 14).
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; 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, 113 S.Ct. 2625 (1993); 28
U.S.C. §§ 2412(d)(1)(B),(d)(2)(G).
IT IS SO ORDERED.
/s/ Robert T. Dawson
HONORABLE ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE
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