Burns v. Social Security Administration Commissioner

Filing 15

JUDGMENT ADOPTING REPORT AND RECOMMENDATIONS and REMANDING CASE TO US AGENCY. Signed by Honorable Jimm Larry Hendren on January 14, 2009. (tg)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION CAROLENE BURNS v. Civil No. 08-5063 PLAINTIFF

MICHAEL J. ASTRUE, Commissioner Social Security Administration

DEFENDANT

JUDGMENT N o w on this 14th day of January, 2009, comes on for consideration the Report and R ecom m end ation dated December 19, 2008, 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 issio n er ; and remands this case to the Commissioner for further consideration pursuant to sentence 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 beco m es "not appealable" i.e., 30 days after the 60-day time for appeal has ended. See Shalala v. Sch aefer, 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)