Brannum v. Social Security Administration Commissioner

Filing 9

JUDGMENT/ORDER ADOPTING REPORT AND RECOMMENDATIONS re 8 Report and Recommendations and ORDER REMANDING CASE TO US AGENCY for further consideration pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable Jimm Larry Hendren on March 26, 2009. cc: ALJ & OHA (tg)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION TERESA A. BRANNUM v. Civil No. 08-5050 DEFENDANT PLAINTIFF

MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT Now on this 26th day of March, 2009, comes

on

for

consideration the Report and Recommendation issued by the Honorable James Marschewski, United States Magistrate Judge for the Western District of Arkansas. (Doc. 8.) Ten (10) days have passed

without objections being filed by the parties. The Court has reviewed this case, and being well and

sufficiently advised, finds that the Report and Recommendation is proper and should be adopted in its entirety. Accordingly, the Court hereby adopts the Report and Recommendation; reverses the decision of the Commissioner; and remands this case for further consideration pursuant to sentence four of 42 U.S.C. § 405(g). The parties have sixty days from entry of the judgment on the docket in which to appeal. 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 until 30 days after the judgment becomes "not appealable" i.e., 30 days after the 60-day time for appeal has ended. See Shalala v. Schaefer, 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/JIMM LARRY HENDREN JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE

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