Brown 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 16 Report and Recommendations. Signed by Honorable Robert T. Dawson on June 24, 2013. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
Civil No. 12-2327
CAROLYN W. COLVIN1, Commissioner
Social Security Administration
J U D G M E N T
Now on this 24th day of June 2013 comes on for consideration the
Report and Recommendation dated June 3, 2013, by the Honorable James R.
Marschewski, United States Magistrate Judge for the Western District of
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 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
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.
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