Poole v. Social Security Administration Commissioner
JUDGMENT adopting the Magistrate's Report and Recommendation in its entirety and reversing and remanding case to the commissioner for further consideration pursuant to sentence four. Signed by Honorable Jimm Larry Hendren on May 10, 2011. (rw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HEATHER K. POOLE
Civil No. 10-3057
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Now on this 10th day of May, 2011, comes on for consideration the Report and
Recommendation dated April 19, 2011, by the Honorable James R. Marschewski, Chief 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, 113 S.Ct. 2625 (1993); 28 U.S.C. §§ 2412(d)(1)(B),(d)(2)(G).
IT IS SO ORDERED.
_/s/ Jimm Larry Hendren_______________
HONORABLE JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE
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