Pollard v. Social Security Administration Commissioner

Filing 9

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS in its entirety and reversing and remanding case to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable Jimm Larry Hendren on May 11, 2010. (lw)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS HARRISON DIVISION DEBRA L. POLLARD v. Civil No. 09-3017 PLAINTIFF MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT DEFENDANT O n this 11th day of May, 2010, comes for consideration the Report and Recommendation d ated April 19, 2010, by the Honorable James R. Marschewski, Chief United States Magistrate Judge fo r the Western District of Arkansas. Fourteen (14) days have passed without objections being filed b y the parties. The Court has reviewed this case, and being well and sufficiently advised, finds that th e Report and Recommendation is proper and should be adopted in its entirety. Accordingly, the C o u rt hereby adopts the Report and Recommendation, reverses the decision of the Commissioner, and rem an d s 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 costs under the Equal Access to Ju stice Act (EAJA), 28 U.S.C. 2412, an application may be filed up until 30 days after the judgment b eco m es "not appealable" i.e., 30 days after the 60-day time for appeal has ended. See Shalala v. S ch a efer, 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________ H O N O R A B LE JIMM LARRY HENDREN U N IT E D STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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