Rynders

Filing 6

JUDGMENT reversing and remanding the decision of the Commisssioner, and remands this case to the Commissioner for further consideration pursuant to sentence four of 42 U.S.C. § 405(g) (2006). Accordingly the Court adopts the 5 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Clayton Wayne Rynders. Signed by Honorable Jimm Larry Hendren on March 19, 2009. (dmc)

IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS H O T SPRINGS DIVISION

CLAYTO N WAYNE RYNDERS

PLAINTIFF

v.

Civil No. 6:07-cv-06077 DEFENDANT

MICH A EL J. ASTRUE, Commissioner Social Security Administration

JUDGMENT N ow on this 19th day of March 2009, comes on for consideration the Report and Recommendation dated February 19, 2009, by the Honorable Barry A. Bryant, United States Magistrate Judge for the Western District of Arkansas. Ten (10) 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 th e Report and Recommendation; reverses the decision of the Commissioner, and remands this case to th e Commissioner for further consideration pursuant to sentence four of 42 U.S.C. § 405(g) (2006).

If plaintiff wishes to request an award of attorney's fees and costs under the Equal Access to Ju stice Act (EAJA) 28 U.S.C. § 2412, an application may be filed up to thirty (30) days after the judgment becomes "not appealable" i.e., thirty (30) days after the sixty (60) day time for appeal has en d ed . See Shalala 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 ITED STATES DISTRICT JUDGE