Turbeville v. Social Security Administration Commissioner

Filing 8

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 7 Report and Recommendations, and REVERSING AND REMANDING CASE TO Commissioner of Social Security for further consideration pursuant to sentence four of 42 U.S.C. § 405(g) (2006). Signed by Honorable Harry F. Barnes on May 27, 2009. (copy of Report and Recommendations and Judgment furnished to Office of Hearings & Appeals)(cap)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEX A RKAN A DIVISION

RICH A RD D. TURBEVILLE

PLA I N T I F F

v.

Civil No. 4:08-cv-04053 DEFENDANT

MICH A EL J. ASTRUE, Commissioner Social Security Administration

JUDGMENT N ow on this 27th day of May 2009, comes on for consideration the Report and Recommendation dated May 6, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western D istrict of Arkansas. Ten (10) 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 th e Report and Recommendation; reverses the decision of the Commissioner, and remands this case to th e 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 ju d gment becomes "not appealable" i.e., thirty (30) days after the sixty (60) day time for appeal has en d ed . See Shalala v. Schaefer, 509 U.S. 292, 296, 113 S.Ct. 2625 (1993); 28 U.S.C. §§

2 4 1 2 ( d ) (1 ) ( B ) ,( d ) ( 2 ) ( G ) . IT IS SO ORDERED.

/s/ Harry F. Barnes HON. HARRY F. BARNES U N ITED STATES DISTRICT JUDGE

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