Russell v. Social Security Administration Commissioner

Filing 12

JUDGMENT REVERSING AND REMANDING THIS CASE TO THE COMMISSIONER FOR FURTHER CONSIDERATION, pursuant to sentence four of 42 USC 405(g). ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 11 . Case is remanded to U.S. Agency. ***Civil Case Terminated. Signed by Honorable Jimm Larry Hendren on August 21, 2009. (sh)

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

FLOYD E. RUSSELL v. CIVIL NO. 08-3020

PLAINTIFF

MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT

DEFENDANT

Now on this 21st day of August, 2009, comes on for consideration the Report and Recommendation dated July 22, 2009, by the Honorable James R. Marschewski, 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 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 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 HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

AO72A (Rev. 8/82)