Lynn v. Social Security Administration Commissioner

Filing 13

JUDGMENT REVERSING AND REMANDING CASE to Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g)(2006). Further adopting 12 AMENDED AND SUBSTITUTED REPORT AND RECOMMENDATIONS in its entirety. Signed by Honorable Jimm Larry Hendren on June 27, 2011. (lw)

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

GEORGE G. LYNN
v.

PLAINTIFF
Civil No. 3:10-cv-03051

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

JUDGMENT
Now on this 27th day of June, 2011, comes on for consideration the Report and Recommendation
dated June 6, 2011, by the Honorable Barry A. Bryant, 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) (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