Bray v. Social Security Administration Commissioner

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS re 12 ; REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g). Signed by Honorable Susan O. Hickey on May 13, 2016. (mll)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
TEXARKANA DIVISION
CHARLES D. BRAY
v.

PLAINTIFF
Case No. 4:15-cv-4049

CAROLYN W. COLVIN,
Commissioner, Social Security Administration

DEFENDANT

ORDER
Before the Court is the Report and Recommendation filed April 22, 2016, by the Honorable
Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. (ECF No.
12). Judge Bryant Recommends that the Court reverse the decision of the Commissioner and remand
this case to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C.
§ 405(g) (2006). The parties have not filed objections to the Report and Recommendation, and the
time to object has passed. See 28 U.S.C. § 636(b)(1). The Court adopts the Report and
Recommendation in toto.
Accordingly, the decision of the Commissioner is reversed. This case is remanded to the
Commissioner for further consideration. 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 (1993); 28
U.S.C. §§ 2412(d)(1)(B),(d)(2)(G).
IT IS SO ORDERED this 13th day of May, 2016.

/s/ Susan O. Hickey
Susan O. Hickey
United States District Judge