Bough v. Social Security Administration Commissioner

Filing 11

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS and REMANDING CASE TO US AGENCY. Signed by Honorable Jimm Larry Hendren on August 21, 2009. cc: ALJ & OH&A(tg) Modified on 8/21/2009 (tg).

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FA Y ETTEVILLE DIVISION

MICH A EL RODNEY BOUGH

PLAINTIFF

v.

Civil No. 5:08-cv-05061 DEFENDANT

MICH A EL J. ASTRUE, Commissioner Social Security Administration

JUDGMENT N ow on this 21st day of August, 2009, comes on for consideration the Report and Recommendation dated July 24, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. 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 an d 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 to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. § 405(g) (20 0 6). If plaintiff wishes to request an award of attorney's fees and costs under the Equal Access to Ju stice Act (EAJA) 28 U.S.C. § 2412, an application may be filed up to thirty (30) days after the judgment becomes "not appealable" i.e., thirty (30) days after the sixty (60) day time for appeal has en d ed . 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 H O N. JIMM LARRY HENDREN U N ITED STATES DISTRICT JUDGE