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)

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)