Lamorte v. Social Security Administration Commissioner

Filing 11

JUDGMENT: Reversing the decision of the Commissioner and remanding this case for further consideration, and ADOPTING REPORT AND RECOMMENDATIONS 10 , and 9 . ***Civil Case Terminated. Signed by Honorable Jimm Larry Hendren on November 2, 2009. (sh)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION CHRISTINE A. LAMORTE vs. Civil No. 3:08-cv-03040 PLAINTIFF

MICHAEL J. ASTRUE Commissioner, Social Security Administration JUDGMENT

DEFENDANT

Now on this 5th day of November, 2009, comes for consideration the Amended Report and Recommendation dated October 8, 2009 by the Honorable Barry A. Bryant, 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. If plaintiff wishes to request an award of attorney's fees and costs under the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, an application may be filed up to thirty (30) days after the judgment becomes "not appealable" i.e., thirty (30) days after the sixty (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