Brinkley v. Social Security Administration Commissioner
ORDER REVERSING AND REMANDING CASE to Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g). Further adopting 8 REPORT AND RECOMMENDATIONS in its entirety. Signed by Honorable P. K. Holmes, III on September 6, 2011. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
LEMUEL BRINKLEY, III
Case No. 3:10-CV-03085
MICHAEL J. ASTRUE, a/k/a
Social Security Administration Commissioner
Now on this 6th day of September 2011, comes on for consideration the Report and
Recommendation dated July 29, 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 and hereby is ADOPTED IN ITS
ENTIRETY. Accordingly, for the reasons stated in the Magistrate Judge’s Report and
Recommendations the Court 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). Upon remand, Plaintiff is directed to provide to the ALJ with a copy of his Mid South
treatment records within a reasonable time.
If Plaintiff wishes to request an award of attorney 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. §§
IT IS SO ORDERED this 6th day of September 2011.
/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?