Baze v. Social Security Administration Commissioner

Filing 9

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS and REVERSING AND REMANDING CASE to the Commissioner for further consideration pursuant to sentence four of 42 USC 405(g). Signed by Honorable Jimm Larry Hendren on October 21, 2008. (rw) Modified on 10/22/2008 to add text (rw).

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

WILLIAM F. BAZE v. Civil No. 07-3048

PLAINTIFF

MICHAEL J. ASTRUE, Commissioner Social Security Administration
JUDGMENT

DEFENDANT

N O W on this 21st day of October 2008, comes on for consideration the Report and R eco m m en d atio n , dated September 23, 2008 (document #8), by the Honorable Barry A. Bryant, U nited 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). 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/Jimm Larry Hendren HONORABLE JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE