Clements v. Social Security Administration Commissioner

Filing 6

JUDGMENT: ADOPTING REPORT AND RECOMMENDATIONS 5 ; decision of Social Security Administration is reversed and remanded pursuant to "sentence four" of 42:405(g). Signed by Honorable Harry F. Barnes on August 28, 2009. (cnn)

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IN THE UNITED STATES DISTRICT COURT WE S T ER N DISTRICT OF ARKANSAS T E X A R K A N A DIVISION H O LLY ANGEL CLEMENTS P LA IN T IFF VS. C A S E NO. 08-CV-4078 M IC H A E L J. ASTRUE, Commissioner S o cial Security Administration D E FE N D A N T JUDGM ENT N o w on this 28th day of August, 2009, comes for consideration the Report and R eco m m en d atio n dated August 10, 2009, by the Honorable James R. Marschewki, United States M agistrate Judge for the Western District of Arkansas. Ten (10) days have passed without o b jectio n s being filed by the parties. The Court has reviewed the case, and being well and su fficien tly advised, finds the Report and Recommendation is proper and should be adopted in its en tirety. Accordingly, the Court hereby adopts the Report and Recommendation; reverses the d ecisio n of the Commissioner; and remands this case to the Commissioner for further consideration p u rsu an t to sentence four 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 Ju stice Act (EAJA) 28 U.S.C. 2412, an application may be filed up until 30 days after the ju d gm en t becomes "not appealable" i.e., 30 days after the 60-day time for appeal has ended. See S h a la la 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. /s/Harry F. Barnes Hon. Harry F. Barnes U n ited States District Judge

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