Mills v. Social Security Administration Commissioner
Filing
12
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 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 . Signed by Honorable Robert T. Dawson on December 23, 2013. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
JULIE A. MILLS
PLAINTIFF
v.
Civil No. 12-2291
CAROLYN W. COLVIN1, Commissioner
Social Security Administration
DEFENDANT
J U D G M E N T
Now
on
this
23rd
day
of
December
2013,
comes
on
for
consideration the Report and Recommendation dated November 6, 2013,
by
the
Honorable
James
R.
Marschewski,
Chief
United
Magistrate Judge for the Western District of Arkansas.
(14) days
parties.
have
passed
without
objections being filed
States
Fourteen
by the
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)
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