Miller v. Social Security Administration Commissioner
JUDGMENT adopting Report and Recommendations 10 and REMANDING CASE TO US AGENCY pursuant to sentence four of 42:405(g). Signed by Honorable Jimm Larry Hendren on March 2, 2009. (Copy to ALJ & OHA with copy of R & R)(jn)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION CYNTHIA LYNN MILLER v. Civil No. 08-5032 PLAINTIFF
MICHAEL J. ASTRUE, Commissioner Social Security Administration
N o w on this 2nd day of March, 2009, comes on for consideration the Report and R eco m m en d atio n dated February 3, 2009, by the Honorable James R. Marschewski, United States M agistrate Judge for the Western District of Arkansas. Ten (10) days have passed without objections b ein g filed by the parties. The Court has reviewed this case, and being well and sufficiently advised, fin d s that the Report and Recommendation is proper and should be adopted in its entirety. A cco rd in gly, the Court hereby adopts the Report and Recommendation; reverses the decision of the C o m m is s io n er; and remands this case to the Commissioner for further consideration pursuant to sen ten ce four of 42 U.S.C. § 405(g). If plaintiff wishes to request an award of attorney's fees and cost under the Equal Access to Ju stice Act (EAJA) 28 U.S.C. § 2412, an application may be filed up until 30 days after the judgment b ec o m e s "not appealable" i.e., 30 days after the 60-day time for appeal has ended. See Shalala v. S ch a efer, 509 U.S. 292, 296, 113 S.Ct. 2625 (1993); 28 U.S.C. §§ 2412(d)(1)(B),(d)(2)(G). IT IS SO ORDERED. /s/Jim m Larry Hendren H O N O R A B LE JIMM LARRY HENDREN U N IT E D STATES DISTRICT JUDGE
AO72A (Rev. 8/82)
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