McVey v. Social Security Administration Commissioner
JUDGMENT REMANDING CASE to Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g)(2006). Signed by Honorable P. K. Holmes, III on December 8, 2011. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
MARK S. MCVEY
Civil No. 3:10-cv-03095
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Currently before the Court is the Report and Recommendation dated October 26, 2011, by
the Honorable Barry A. Bryant, 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) (2006).
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 to thirty (30) days after the
judgment becomes "not appealable" i.e., thirty (30) days after the sixty (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 8th day of December, 2011.
s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE
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