Andrews v. Social Security Administration Commissioner, No. 2:2012cv02292 - Document 15 (W.D. Ark. 2013)

Court Description: 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 ORDER ADOPTING REPORT AND RECOMMENDATIONS for 14 Report and Recommendations. Signed by Honorable Robert T. Dawson on December 23, 2013. (sh)
Download PDF
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF ARKANSAS FORT SMITH DIVISION VONDA L. ANDREWS PLAINTIFF v. Civil No. 12-2292 CAROLYN W. COLVIN, Commissioner Social Security Administration DEFENDANT J U D G M E N T Now on this 23rd day of December 2013, comes on for consideration the Report and Recommendation dated November 20, 2013, by the Honorable James R. Marschewski, Chief United States Magistrate Judge for the Western District of Arkansas. (14) days parties. have passed without objections being filed Fourteen by the 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. AO72A (Rev. 8/82) 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/ Robert T. Dawson HONORABLE ROBERT T. DAWSON UNITED STATES DISTRICT JUDGE AO72A (Rev. 8/82)