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)

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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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