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)

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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)

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