Johnson v. Social Security Administration Commissioner
JUDGMENT 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 November 26, 2013. (mll) Modified on 11/26/2013 to edit docket text. (mll)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
CHARLES LEWIS JOHNSON
Civil No. 4:12-cv-4147
CAROLYN W. COLVIN,
Commissioner, Social Security Administration
Before the Court is the Report and Recommendation filed November 6, 2013, 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) (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.
IT IS SO ORDERED, this 26th day of November, 2013.
/s/ Susan O. Hickey
Hon. Susan O. Hickey
United States District
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?