Pichon v. Social Security Administration Commissioner
ORDER ADOPTING REPORT AND RECOMMENDATIONS 11 and ORDER REMANDING CASE TO US AGENCY pursuant to sentence four of 42 USC 405(g). Signed by Honorable Jimm Larry Hendren on February 12, 2010. (copy to ALJ & OHA with R&R)(jn)
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION
JOSEPH PICHON v. Civil No. 09-5011
MICHAEL J. ASTRUE, Commissioner Social Security Administration
N o w on this 12th day of February, 2010, comes on for consideration the Report and R eco m m en d atio n dated January 20, 2010, by the Honorable James R. Marschewski, Chief United S tates Magistrate Judge for the Western District of Arkansas. Fourteen (14) days have passed without o b jectio n s being filed by the parties. The Court has reviewed this case, and being well and sufficiently ad v ised , finds 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 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 eco m es "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 C H IE F UNITED STATES DISTRICT JUDGE
AO72A (Rev. 8/82)
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