Wagoner v. Social Security Administration Commissioner

Filing 23

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 in toto 22 the Recommendation of the Magistrate Judge. Signed by Honorable Robert T. Dawson on January 7, 2014. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
SABRINA A. WAGONER

PLAINTIFF

v.

Civil No. 12-2226

CAROLYN W. COLVIN1, Commissioner
Social Security Administration

DEFENDANT

J U D G M E N T
Now

on

this

7th

day

of

January

2014,

comes

on

for

consideration the Report and Recommendation dated December 9, 2013,
by

the

Honorable

James

R.

Marschewski,

Chief

United

Magistrate Judge for the Western District of Arkansas.

States

(Doc. 22).

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

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)

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

AO72A
(Rev. 8/82)