Harrold v. Social Security Administration Commissioner

Filing 9

JUDGMENT adopting the Magistrate's 8 Report and Recommendations in its entirety and reversing and remanding case to the Commissioner for further consideration pursuant to sentence four. Signed by Honorable Jimm Larry Hendren on March 2, 2009. (rw)

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

JOHNNY L. HARROLD v. Civil No. 07-03049

PLAINTIFF

MICHAEL J. ASTRUE, Commissioner Social Security Administration
JUDGMENT

DEFENDANT

N O W on this 2nd day of March 2009, comes on for consideration t h e Report and Recommendation, dated February 9, 2009 (document #8), b y the Honorable James R. Marschewski, United States Magistrate J u d g e for the Western District of Arkansas.

Ten (10) days have The Court

passed without objections being filed by the parties.

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 ALJ; 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 costs under the Equal Access to Justice Act, 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

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