Barber v. Social Security Administration Commissioner

Filing 9

JUDGMENT: ADOPTING REPORT AND RECOMMENDATIONS and reversing and remanding this case to the Commissioner for further consideration, pursuant to sentence four of 42 405(g). 8 ***Civil Case Terminated. Copies of Judgment and Report and Recommendation mailed to Commissioner. Signed by Honorable Jimm Larry Hendren on November 20, 2008. (sh)

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IN THE UNITED STATES DISTRICT COURT WE S T E R N DISTRICT OF ARKANSAS H A R R IS O N DIVISION N IC K Y J. BARBER v. M IC H A E L J. ASTRUE JUDGMENT N o w on this 21st day of November, 2008, comes on for consideration the Report and R ecom m end ation dated October 30, 2008, by the Honorable James R. Marschewski, United States M agistrate Judge for the Western District of Arkansas. Ten (10) days have passed without o b je c tio n s 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 d ecisio n of the Commissioner; and remands this case to the Commissioner for further consideration p u rsu an t 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 ju d gm e n t 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/Jim m Larry Hendren H O N . JIMM LARRY HENDREN U N IT ED STATES DISTRICT JUDGE C IV IL NO. 07-3065 D E FE N D A N T P L A IN T IF F AO72A (Rev. 8/82)

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