Wheeler v. Social Security Administration Commissioner

Filing 10

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

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION TERLANN S. WHEELER v. Civil No. 07-3058 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 ation , dated September 25, 2008 (document #9), by the Honorable James R. Marschewski, 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

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