Collins v. Social Security Administration Commissioner
JUDGMENT REVERSING THE DECISION OF THE COMMISSIONER AND REMANDING THIS CASE TO THE COMMISSIONER PURSUANT TO SENTENCE FOUR of 42 U.S.C. 405(g) and adopting the Recommendation of the Magistrate Judge. Signed by Honorable Jimm Larry Hendren on August 1, 2012. (tg)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
CHERYL ANN COLLINS
CIVIL NO. 11-5108
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Now on this 1st day of August, 2012, comes on for consideration the Report and
Recommendation dated July 11, 2012, 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 fees and costs 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.
IT IS SO ORDERED.
__/s/ Jimm Larry Hendren_________________
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE
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