Burke v. Social Security Administration Commissioner
JUDGMENT/ORDER REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) and adopting the Recommendation of the Magistrate Judge as set forth in the 11 Report and Recommendations. Signed by Honorable Susan O. Hickey on October 25, 2012. (cap)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
AURELIA FRANCES BURKE
Civil No. 4:11-cv-04114
MICHAEL J. ASTRUE
Commissioner, Social Security Administration
Now on this 25th day of October 2012, comes for consideration the Report and
Recommendation dated October 5, 2012 by the Honorable Barry A. Bryant, United States Magistrate
Judge for the Western District of Arkansas. ECF No. 11. 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, 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.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District Judge
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