Spencer 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 adopting the Recommendation of the Magistrate Judge as set forth in the 13 Report and Recommendations. Signed by Honorable Robert T. Dawson on November 20, 2013. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
KIRK P. SPENCER, III
Civil No. 2:12-cv-02303
CAROLYN W. COLVIN,
Commissioner, Social Security Administration
Now on this 20th day of November 2013, comes on for consideration the Report and
Recommendation dated October 30, 2013, by the Honorable Barry A. Bryant, United States Magistrate
Judge for the Western District of Arkansas. ECF No. 13. 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) (2006).
If Plaintiff wishes to request an award of attorney's fees and costs under the Equal Access to
Justice Act (EAJA) 28 U.S.C. § 2412, an application may be filed up to thirty (30) days after the
judgment becomes "not appealable" i.e., thirty (30) days after the sixty (60) day time for appeal has
See Shalala v. Schaefer, 509 U.S. 292, 296, 113 S.Ct. 2625 (1993); 28 U.S.C. §§
IT IS SO ORDERED.
/s/ Robert T. Dawson
HON. ROBERT T. DAWSON
UNITED STATES DISTRICT JUDGE
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