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Edwards v. Astrue

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 22, 2008

STEVEN B. EDWARDS, PLAINTIFF,
v.
MICHAEL J. ASTRUE,*FN1 COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Herndon, Chief Judge

ORDER

On January 8, 2007, plaintiff Steven B. Edwards filed this action against the Commissioner of Social Security (Doc. 2.) Specifically, Plaintiff sought judicial review of the findings and determinations of the Commissioner finding Plaintiff is not disabled and thus not entitled to receive Disability Insurance Benefits, pursuant to 42 U.S.C. § 423.On January 25, 2008, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Clifford Proud submitted a Report and Recommendation ("R&R") (Doc. 17) recommending that the Court grant Plaintiff's request to reverse the Commissioner's final decision and further recommends that the Court remand the matter to the agency for rehearing and reconsideration of the evidence, pursuant to sentence four of 42 U.S.C. § 405(g).

The R&R was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" within ten days of service. To date, none of the parties have filed objections, and the period in which to file objections has expired. Therefore, pursuant to 28 U.S.C. § 636(b), this Court need not conduct de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).

Thus, the Court ADOPTS the R&R (Doc. 17) in its entirety. The decision of the Commissioner finding Plaintiff was not disabled and therefore not entitled to receive DIB is, pursuant to sentence four of 42 U.S.C. § 405(g), hereby REVERSED and REMANDED back to the agency for rehearing and reconsideration of evidence, consistent with the issues addressed in the R&R.

IT IS SO ORDERED.

David R Herndon Chief Judge United States District Court


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