Denny v. Social Security Administration Commissioner
JUDGMENT REVERSING AND REMANDING CASE to Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g). Further adopting 10 Report and Recommendation in its entirety. Signed by Honorable Jimm Larry Hendren on November 3, 2011. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TRILBA A. DENNY
Civil No. 10-3071
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Before the Court is the Report and Recommendation of Honorable James R. Marschewski,
Chief United States Magistrate Judge for the Western District of Arkansas. ECF No. 10. 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 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, 113 S.Ct. 2625 (1993); 28 U.S.C. §§ 2412(d)(1)(B),(d)(2)(G).
IT IS SO ORDERED this 3rd day of November, 2011.
_/s/ Jimm Larry Hendren_________
HONORABLE JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE
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