Fields v. Social Security Administration Commissioner

Filing 10

ORDER ADOPTING the 9 REPORT AND RECOMMENDATIONS in its entirety and REMANDING CASE TO US AGENCY for further consideration pursuant to sentence four. Signed by Honorable Paul K. Holmes, III on May 12, 2011. (mfr)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
TERESA LYNN FIELDS
vs.

PLAINTIFF
Civil No. 4:10-CV-04043

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

O R D E R
Now on this 12th day of May 2011, comes on for consideration
the Report

and

Recommendations

dated

April

14,

2011,

by

the

Honorable Barry A. Bryant, United States Magistrate Judge for the
Western District of Arkansas.

Fourteen (14) 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 the Report
and Recommendation in its entirety; reverses the decision of the
Commissioner, and remands this case to the 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
judgment becomes "not appealable" i.e., thirty (30) days after the
sixty (60) day time for appeal 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 12th day of May 2011.

/s/ Paul K. Holmes, III
Paul K. Holmes, III
United States District Judge