Kelly v. Social Security Administration Commissioner

Filing 8

JUDGMENT REMANDING case to the Commissioner for further consideration pursuant to sentence four of 42 U.S. C. 405(g)(2006). Signed by Honorable Jimm Larry Hendren on September 4, 2008. (cc: Office of Hearing and Appeals and Judge David Hubbard)(lw) Modified on 9/4/2008 to add text(lw). Modified on 9/9/2008 to document type (jn).

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION

JEFFREY R. KELLY v. Civil No. 3:07-cv-3035

PLAINTIFF

MICHAEL J. ASTRUE, Commissioner Social Security Administration

DEFENDANT

JUDGMENT Now on this 4th day of September, 2008, comes on for consideration the Report and Recommendation dated July 31, 2008, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. Ten (10) 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 cost under the Equal Access to Ju stice Act (EAJA) 28 U.S.C. § 2412, an application may be filed up until 30 days after the judgment b eco m es "not appealable" i.e., 30 days after the 60-day time for appeal has ended. See Shalala v. Sch aefer, 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/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE