Baker v. Social Security Administration Commissioner
JUDGMENT REMANDING THIS CASE TO THE COMMISSIONER PURSUANT TO SENTENCE SIX of 42 U.S.C. 405(g) and adopting the Recommendation of the Magistrate Judge as set forth in the 7 Report and Recommendations. Signed by Honorable P. K. Holmes, III on September 26, 2012. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
KEVIN D. BAKER
Case No. 3:12-CV-03063
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Currently before the Court is the Report and Recommendation (Doc. 7) dated August 14,
2012, by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the
Western District of Arkansas. The objection period has passed without objections being filed by
either party. 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, GRANTS Defendant’s Motion to Remand (Doc.
6), and remands this case to the Commissioner for further administrative action pursuant to sentence
six 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, 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 (1993); 28 U.S.C. §§2412(d)(1)(B),(d)(2)(G).
IT IS SO ORDERED this 26th day of September, 2012.
s/P. K. Holmes, III
P.K. HOLMES, III
CHIEF U.S. DISTRICT JUDGE
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