Reed v. Social Security Administration Commissioner

Filing 11

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 10 , ORDER REMANDING CASE TO US AGENCY. Signed by Honorable Jimm Larry Hendren on July 12, 2010. (Copy of Judgment and R&R to ALJ)(jas)

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Reed v. Social Security Administration Commissioner Doc. 11 IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FAYETTEVILLE DIVISION MARY SUE REED V. NO. 09-5113 MICHAEL J. ASTRUE, Commissioner of Social Security JUDGMENT Now on this 12th day of July, 2010, comes on for consideration the Report and Recommendation dated June 17th, 2010, by the Honorable Erin L. Setser, United States Magistrate Judge for the Western District of Arkansas. 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 cost under the Equal Access to Justice Act (EAJA) 28 U.S.C. 2412, an application may be filed up until 30 days after the judgment becomes "not appealable" i.e., 30 days after the 60-day time for appeal has ended. See Shalala 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________ HON. JIMM LARRY HENDREN UNITED STATES DISTRICT JUDGE PLAINTIFF DEFENDANT AO72A (Rev. 8/82)

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