Munoz v. Social Security Administration Commissioner

Filing 10

JUDGMENT ADOPTING 9 REPORT AND RECOMMENDATIONS and REVERSING AND REMANDING CASE to the COMMISSIONER for further consideration pursuant to sentence four. Signed by Honorable Jimm Larry Hendren on June 9, 2010. (rw)

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

JUDITH D. MUNOZ v. MICHAEL J. ASTRUE, Commissioner of Social Security JUDGMENT No. 09-3045

PLAINTIFF

DEFENDANT

Now on this 9th day of June, 2010, comes on for consideration the Report and Recommendation dated May 10, 2010, by the Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas. 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 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'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 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 (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)