Cook v. Social Security Administration Commissioner
ORDER ADOPTING REPORT AND RECOMMENDATIONS re 11 Report and Recommendations; granting 10 Motion to Remand and REVERSING AND REMANDING CASE TO Commissioner of Social Security for further consideration pursuant to sentence four of 42 U.S.C. § 405(g) (2010). Signed by Honorable P. K. Holmes, III on September 2, 2011. (cap)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
SUSAN Y. COOK
Civil No. 4:10-cv-04146
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
Now on this 2nd day of September 2011, comes on for consideration the Report and
Recommendation (Doc. 11) dated July 18, 2011 by the Honorable Barry A. Bryant, United States
Magistrate Judge for the Western District of Arkansas. More than 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, and hereby is, ADOPTED IN ITS
Accordingly, for the reasons stated in the Magistrate Judge’s Report and
Recommendation, Defendant’s Motion to Remand (Doc. 10) is GRANTED. The Court 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) (2010).
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. §§
IT IS SO ORDERED this 2nd day of September 2011.
/s/P. K. Holmes, III
P.K. HOLMES, III
UNITED STATES DISTRICT JUDGE
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