Jones v. Social Security Commissioner

Filing 11

JUDGMENT/ORDER ADOPTING REPORT AND RECOMMENDATIONS and REMANDING CASE TO US AGENCY. Signed by Honorable Jimm Larry Hendren on November 10, 2009. cc: ALJ & OH&A w/R&R(tg)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION SUSAN L. JONES PLAINTIFF

v.

CIVIL NO. 08-5218

MICHAEL J. ASTRUE, Commissioner Social Security Administration
JUDGMENT

DEFENDANT

N o w on this 10th day of November 2009, comes on for consideration the Report and R eco m m en d a tio n, dated October 23, 2009, by the Honorable Erin L. Setser, United States M agistrate Judge for the Western District of Arkansas. Ten (10) days have passed without o b jectio n s being filed by the parties. The Court has reviewed this case, and being well and su fficien tly 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 th e decision of the Commissioner; and remands this case to the Commissioner for further co n sid eratio n pursuant to sentence four of 42 U.S.C. § 405(g). If plaintiff wishes to request an award of attorney fees and cost under the Equal Access to J u stice Act (EAJA) 28 U.S.C. § 2412, an application may be filed up until 30 days after the ju d gm en t becomes "not appealable," i.e. 30 days after the 60-day time for appeal has ended. See S h a la la 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 IT E D STATES DISTRICT JUDGE

AO72A (Rev. 8/82)