Kimmel v. Social Security Administration Commissioner

Filing 13

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS for 12 Report and Recommendations, AND REMANDING CASE TO US AGENCY for further consideration pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Honorable Harry F. Barnes on May 27, 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 ROBIN D. KIMMEL PLAINTIFF v. CIVIL NO. 09-4052 MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT DEFENDANT N o w on this 27th day of May 2010, comes on for consideration the Report and R eco m m en d atio n dated May 5, 2010, by the Honorable Erin L. Setser, United States Magistrate J u d ge for the Western District of Arkansas. Fourteen (14) days have passed without objections b ein g 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. Accordingly, the Court hereby adopts the Report and Recommendation; reverses the decision of th e Commissioner; and remands this case to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. 405(g). If Plaintiff wishes to request an award of attorney 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 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. 2 4 1 2 ( d ) ( 1 ) ( B ),( d ) ( 2 ) ( G ). IT IS SO ORDERED. /s/ Harry F. Barnes HON. HARRY F. BARNES U N IT ED STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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