Bowen v. Social Security Administration Commissioner

Filing 9

JUDGMENT ADOPTING 8 REPORT AND RECOMMENDATIONS, ORDER REMANDING CASE TO US AGENCY pursuant to sentence four of 42 U.S.C. § 405(g). Signed by Honorable Jimm Larry Hendren on July 7, 2009. (Copy to ALJ and OHA with R&R) (src) Modified on 7/7/2009 to add text (src).

Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION DONALD R. BOWEN v. Civil No. 08-5033 PLAINTIFF MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT DEFENDANT N o w on this 7th day of July, 2009, comes on for consideration the Report and R eco m m en d atio n dated June 15, 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)

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?