Killane v. Social Security Administration Commissioner

Filing 12

JUDGMENT adopting 11 the Report and Recommendations of the Magistrate Judge, and Reversing and Remanding this case to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable Robert T. Dawson on October 16, 2013. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
JOYCE L. KILLANE

PLAINTIFF

v.

Civil No. 12-2220

CAROLYN W. COLVIN1, Commissioner
Social Security Administration

DEFENDANT

J U D G M E N T
Now

on

this

16th

day

of

October

2013,

comes

on

for

consideration the Report and Recommendation dated September 24,
2013, by the Honorable James R. Marschewski, Chief United States
Magistrate Judge for the Western District of Arkansas.

(Doc. 11).

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

1

Carolyn W. Colvin became the Social Security Commissioner on
February 14, 2013. Pursuant to Rule 25(d)(1) of the Federal Rules of Civil
Procedure, Carolyn W. Colvin has been substituted for Commissioner Michael
J. Astrue as the defendant in this suit.

AO72A
(Rev. 8/82)

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

AO72A
(Rev. 8/82)