Trusley v. Social Security Administration Commissioner

Filing 11

JUDGMENT/ORDER ADOPTING REPORT AND RECOMMENDATIONS 10 ; REMANDING CASE TO SSA for further development of the record. Signed by Honorable Harry F. Barnes on March 24, 2009. (cc: R/R and Judgment to OHA)(cnn)

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IN THE UNITED STATES DISTRICT COURT W E S T E R N DISTRICT OF ARKANSAS T E X A R K A N A DIVISION D E B R A L. TRUSLEY P L A I N T IF F VS. C A S E NO. 4:08-CV-4020 M IC H A E L J. ASTRUE, Commissioner S o cia l Security Administration DEFENDANT JUDGM ENT B e fo r e the Court is a Report and Recommendation filed March 4, 2009, by the Honorable B a rry A. Bryant, Untied States Magistrate Judge for the Western District of Arkansas. (Doc. No. 1 0 ). Judge Bryant recommends that this case be reversed and remanded for further development o f the record. Defendant has not filed objections to the Report and Recommendation, and the tim e to object has passed. See 28 U.S.C. 636(b)(1). Therefore, the Court adopts the Report and R e co m m e n d a tio n in toto. The matter is hereby REVERSED AND REMANDED for further d e v e lo p m e n t of the record. If plaintiff wishes to request an award of attorneys' 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 th e judgment becomes "not appealable" i.e., thirty (30) days after the sixty (60) day time for a p p e a l 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 24 th day of March, 2009. /s/ Harry F. Barnes Hon. Harry F. Barnes U n i te d States District Judge

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