Montue 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 13 Report and Recommendation of the Magistrate Judge in its entirety as set forth. Signed by Honorable Susan O. Hickey on July 31, 2014. (mfr)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
BEVERLY J. MONTUE
Civil No. 4:13-cv-04057
CAROLYN W. COLVIN,
Commissioner, Social Security Administration
Before the Court is the Report and Recommendation dated July 10, 2014, by the
Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas.
ECF No. 13. 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 31st day of July, 2014.
/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge
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