Uncel v. Social Security Administration Commissioner

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 13 Report and Recommendations, granting 11 Motion to Remand filed by Social Security Administration Commissioner 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 Paul K. Holmes, III on May 3, 2011. (cap)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
LINDA GAIL UNCEL

PLAINTIFF

vs.

Civil No. 4:10-CV-04089

MICHAEL J. ASTRUE, Commissioner
Social Security Administration

DEFENDANT

O R D E R
Now on this 3rd day of May 2011, comes on for consideration
the Report and Recommendation dated April 4, 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 3rd day of May 2011.

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