McKamie v. Social Security Administration Commissioner

Filing 10

JUDGMENT REVERSING AND REMANDING CASE TO Commissioner of Social Security for further consideration pursuant to sentence four of 42 U.S.C.§ 405(g). Signed by Honorable Jimm Larry Hendren on February 4, 2010. (Copy of Report and Recommendations and Judgment furnished to OHA)(cap)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS TEXARKANA DIVISION SHARON ELIZABETH McKAMIE v. Civil No. 08-4122 PLAINTIFF MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT DEFENDANT N o w on this 4th day of February 2010, comes on for consideration the Report and R e co m m en d atio n dated January 8, 2010, by the Honorable Erin L. Setser, United States Magistrate Ju d ge for the Western District of Arkansas (document #9). Fourteen (14) days have passed without o b jectio n s being filed by the parties. The Court has reviewed this case, and being well and sufficiently ad v ised , finds that the Report and Recommendation is proper and should be adopted in its entirety. A cco rd in gly, the Court hereby adopts the Report and Recommendation; reverses the decision of the C o m m is s io n er; and remands this case to the Commissioner for further consideration pursuant to sen ten ce four of 42 U.S.C. 405(g). If plaintiff wishes to request an award of attorney's fees and cost 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 judgment b ec o m e s "not appealable" i.e., 30 days after the 60-day time for appeal has ended. See Shalala v. S ch a efer, 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/ Jimm Larry Hendren H O N O R A B LE JIMM LARRY HENDREN U N IT E D STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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