Sheila Bradsaw v. Social Security Administration

Filing 12

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 11 Report and Recommendations AND REMANDING CASE TO US AGENCY pursuant to sentence four of 42.405(g). Signed by Honorable Jimm Larry Hendren on August 23, 2010. (jas) Modified on 8/24/2010 (jas). Modified on 8/24/2010 modifying text(jas).

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Sheila Bradsaw v. Social Security Administration Doc. 12 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION SHEILA BRADSHAW v. Civil No. 09-5102 PLAINTIFF MICHAEL J. ASTRUE, Commissioner Social Security Administration JUDGMENT DEFENDANT N o w on this 23rd day of August 2010, comes on for consideration the Report and R eco m m en d atio n dated July 8, 2010, by the Honorable James R. Marschewski, Chief United States M agistrate 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 is s io 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 ec o m e s "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/ Jimm 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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