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)

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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

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