Hester v. Social Security Administration

Filing 12

ORDER REMANDING CASE TO US AGENCY pursuant to sentence four of 42 U.S.C. 405(g). Signed by Honorable Jimm Larry Hendren on March 30, 2010. (tg) cc: ALJ & OH&A w/R&R

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION

BERTHA SUE HESTER v. Civil No. 5:09-cv-05058

PLAINTIFF

MICHAEL J. ASTRUE Commissioner, Social Security Administration JUDGMENT

DEFENDANT

NOW on this 30th day of March, 2010, comes for consideration the Report and Recommendation, dated March 8, 2010 by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas (document #11). Fourteen (14) 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 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 costs under the Equal Access to Justice Act, 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 ended. U.S. 292, 296, 113 S.Ct. See Shalala v. Schaefer, 509 2625 (1993); 28 U.S.C.

§§ 2412(d)(1)(B),(d)(2)(G).

IT IS SO ORDERED. /s/Jimm Larry Hendren HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE