Pressley 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 12 Report and Recommendations. Signed by Honorable Susan O. Hickey on July 3, 2013. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
DARLA DAWN PRESSLEY
Civil No. 4:12-cv-04062
CAROLYN W. COLVIN
Commissioner, Social Security Administration
Now on this 3rd day of July 2013, comes for consideration the Report and Recommendation
dated June 12, 2013 by the Honorable Barry A. Bryant, United States Magistrate Judge for the
Western District of Arkansas. (ECF No. 12.) In this Report and Recommendation, Judge Bryant
recommends Defendant’s Motion to Remand (ECF No. 11) be GRANTED. 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. §§
2412(d)(1)(B) and (d)(2)(G).
IT IS SO ORDERED.
/s/ Susan O. Hickey
SUSAN O. HICKEY
U.S. DISTRICT JUDGE
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