Olinger v. Social Security Administration Commissioner

Filing 12

AMENDED AND SUBSTITUTED JUDGMENT re: 10 JUDGMENT Adopting Report and Recommendations, Order Remanding Case to US Agency, Motions terminated: 11 MOTION to Amend/Correct 10 Order Adopting Report and Recommendations, Order Remanding Case to US Agency filed by Social Security Administration Commissioner.. Signed by Honorable Jimm Larry Hendren on October 21, 2008. CC: ALJ & OH&A(ct)

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IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION LISA OLINGER v. CIVIL NO. 07-5188 PLAINTIFF MICHAEL J. ASTRUE, Commissioner Social Security Administration AMENDED & SUBSTITUTED JUDGMENT Now on this 21st day of October 2008, DEFENDANT comes on for consideration defendant's Motion to Amend/Correct the Court's Judgment Specifying the Type of Remand Under 42 U.S.C 405(g) (document #11), to which no objections have been filed. As stated in defendant's motion to amend, on September 8, 2008, this Court entered a judgment (document #10) adopting in its entirety the Report and Recommendation of the Honorable James R. Marschewski (document #9). In its judgment, the Court stated that this matter should be remanded under sentence four of 42 U.S.C. 405(g). Pursuant to the Report and Recommendation, however, which has been fully adopted by this Court, this case should be remanded pursuant to sentence six of 42 U.S.C. 405(g). Accordingly, the Court hereby amends its prior judgment and adopts the Report and Recommendation in toto; reverses the decision of the Commissioner; and remands this case to the Commissioner for further consideration pursuant to sentence six of 42 U.S.C. 405(g). AO72A (Rev. 8/82) IT IS SO ORDERED. /s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE AO72A (Rev. 8/82)

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