LaRue v. Social Security Administration Commissioner

Filing 12

JUDGMENT: Reversing and remanding this case to the Commissioner for further consideration pursuant to sentence four of USC 405(g). ORDER ADOPTING REPORT AND RECOMMENDATIONS re: 11 , and ORDER REMANDING CASE TO US AGENCY, ***Civil Case Terminated. Signed by Honorable Jimm Larry Hendren on January 5, 2010. (sh)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION WAYNE L. LARUE vs. Civil No. 3:08-cv-03044 PLAINTIFF

MICHAEL J. ASTRUE Commissioner, Social Security Administration JUDGMENT

DEFENDANT

Now on this 4th day of January, 2010, comes for consideration the Amended Report and Recommendation dated December 2, 2009 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas (Doc. No. 11). Fourteen (14) 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 Amended Report and Recommendation is proper and should be adopted in its entirety. Accordingly, the Court hereby adopts the Amended 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) (2006). 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