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)
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