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Hill v. Astrue

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


March 2, 2010

MICHAEL HILL, PLAINTIFF,
v.
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

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

MEMORANDUM and ORDER

On March 5, 2009, Michael Hill filed this action against the Commissioner of Social Security (Doc. 2). Specifically, Plaintiff seeks judicial review of the findings and determinations of the Commissioner finding Plaintiff is not disabled and thus not entitled to receive Disability Insurance Benefits and Supplemental Security Income, pursuant to 42 U.S.C. § 405.On February 10, 2010, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Donald G. Wilkerson submitted a Report and Recommendation ("the Report") 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 the award of benefits (Doc. 20).

The Report was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" by March 1, 2010. 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 Report in its entirety (Doc. 20). The Court REVERSES the decision of the Commissioner finding Plaintiff is not disabled and therefore not entitled to receive Disability Insurance Benefits and Supplemental Security Income. The Court REMANDS this matter to the agency for an award of benefits.

IT IS SO ORDERED.

David R Herdon Chief Judge United States District Court

20100302

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