Knotts v. Social Security Administration Commissioner

Filing 13

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

Knotts v. Social Security Administration Commissioner

Doc. 13

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

T R A V IS DEAN KNOTTS v. C IV IL NO. 09-5132

P LA IN T IF F

M IC H A E L J. ASTRUE, Commissioner S o cial Security Administration JUDGMENT

DEFENDANT

N o w on this 10th day of July 2010, comes on for consideration the Report and R eco m m en d atio n dated June 11, 2010, by the Honorable Erin L. Setser, United States Magistrate Ju d ge for the Western District of Arkansas. Fourteen (14) days have passed without objections b ein g 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. Accordingly, the Court hereby adopts the Report and Recommendation; reverses the decision of th e 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 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 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. §§ 2 4 1 2 (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)

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