Baker v. Social Security Administration Commissioner

Filing 9

JUDGMENT: reversing and remanding this case to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g)(2006), in favor of Dwight R Baker against Social Security Administration Commissioner. Signed by Honorable Jimm Larry Hendren on March 5, 2009. (lw)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS H A RRISO N DIVISION

D WIG H T R. BAKER v. Civil No. 3:07-cv-03041

PLAINTIFF

MICH A EL J. ASTRUE, Commissioner Social Security Administration

DEFENDANT

JUDGMENT N ow on this 5th day of March, 2009, comes on for consideration the Report and Recommendation dated January 28, 2009, 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 th e Report and Recommendation; reverses the decision of the Commissioner, and remands this case to th e 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 en d ed . 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/Jimm Larry Hendren H O N. JIMM LARRY HENDREN U N ITED STATES DISTRICT JUDGE