Anderson v. Social Security Administration Commissioner
ORDER REVERSING AND REMANDING TO the Commission for further consideration pursuant to sentence four of 42 USC 405(g), and 10 , and adopting Report and Recommendations. Signed by Honorable P. K. Holmes, III on December 8, 2011. (sh)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
VALERIE L. LACKEY ANDERSON
Case No. 3:10-cv-03084
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Currently before the Court is the Report and Recommendation dated October 4, 2011, by the
Honorable James R. Marschewski, Chief 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 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 this 8th day of December, 2011.
s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE
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