Jones v. Social Security Administration Commissioner

Filing 12

JUDGMENT adopting the 11 Report and Recommendation in its entirety and reversing and remanding case to the Commissioner for further consideration pursuant to sentence four. Signed by Honorable P. K. Holmes, III on October 25, 2011. (rw)

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

JASMIN M. JUNG JONES
v.

PLAINTIFF
Civil No. 10-3079

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

JUDGMENT
Currently before the court is the Report and Recommendation, dated September 22, 2011, of
the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western District
of Arkansas. (Doc. 11). 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 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 25th day of October, 2011.

/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE

AO72A
(Rev. 8/82)