Phillips v. Social Security Administration Commissioner
JUDGMENT REVERSING AND REMANDING this case to the Commissioner for further consideration pursuant to sentence four USC 405(g), and REPORT AND RECOMMENDATIONS are adopted in toto. re 14 . signed by Honorable P. K. Holmes, III on December 20, 2011. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
JANICE L. PHILLIPS
Case no. 3:10-CV-03056
MICHAEL J. ASTRUE,
Commissioner of the Social Security Administration
Currently before the Court is the Report and Recommendation (doc. 14) dated November
7, 2011, by the Honorable Erin L. Setser, United States Magistrate Judge for the Western District
of Arkansas. More than 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 costs 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 this 20th day of December, 2011.
/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE
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