Mills v. Social Security Administration Commissioner
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
Civil No. 12-2291
CAROLYN W. COLVIN1, Commissioner
Social Security Administration
J U D G M E N T
consideration the Report and Recommendation dated November 6, 2013,
Magistrate Judge for the Western District of Arkansas.
objections being filed
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
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
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.
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
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