Nickell 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 18 Report and Recommendations. Signed by Honorable Jimm Larry Hendren on February 21, 2014. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
CAROLYN W. COLVIN,
Acting Commissioner of the Social Security Administration
Now on this 21st day of February, 2014, comes on for consideration the Report and
Recommendation dated January 31, 2014, by the Honorable Erin L. Setser, United States
Magistrate Judge for the Western District of Arkansas. More than 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 (1993); 28 U.S.C. §§2412(d)(1)(B),(d)(2)(G).
IT IS SO ORDERED.
__/s/ Jimm Larry Hendren______
JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE
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