Robertson v. Social Security Administration Commissioner
Filing
12
ORDER 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 11 Report and Recommendations. Signed by Honorable Timothy L. Brooks on May 4, 2015. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FORT SMITH DIVISION
KA THY ROBERTSON
v.
PLAINTIFF
CASE NO.: 2:14-CV-02121
CAROLYN W. COLVIN,
Commissioner, Social Security Administration
DEFENDANT
ORDER
Comes on for consideration the Report and Recommendation dated April 14, 2015,
by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District
of Arkansas (Doc. 11). 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 ended . See Shala/av. Schaefer, 509 U.S. 292, 296, 113 S.Ct.
2625 ( 1993); 28 U.S.C. §§ 2412( d)(~ B), (d)(2)(G)
IT IS SO ORDERED
this ~ day of
y, 2015.
L.
OOKS
ATES DISTRICT JUDGE
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