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Thies v. Astrue

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


March 16, 2010

ARLAN THIES, PLAINTIFF,
v.
MICHAEL ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: David R Her|do| Chief Judge United States District Court

ORDER

HERNDON, Chief Judge

On November 26, 2008, plaintiff Arlan Thies filed this action against the Commissioner of Social Security (Doc. 2). Specifically, Plaintiff sought judicial review of the findings and determinations of the Commissioner's finding that Plaintiff is not disabled and thus not entitled to receive Disability Insurance Benefits, pursuant to 42 U.S.C. § 423.On February 24, 2010, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Donald Wilkerson submitted a Report and Recommendation ("R&R") (Doc. 20), recommending that the Court reverse the Commissioner's final decision and remand the matter to the Commissioner for a rehearing to re-evaluate Plaintiff's claim for Disability Insurance Benefits, in accordance with the rationale set forth in the R&R, citing 42 U.S.C. § 405(g).*fn1

The R&R was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" within fourteen (14) 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. 20) in its entirety. The decision of the Commissioner finding Plaintiff was not disabled and therefore not entitled to receive Disability Insurance Benefits is, pursuant to sentence four of 42 U.S.C. § 405(g), hereby REVERSED and REMANDED back to the agency for a rehearing and reconsideration of the evidence, consistent with the issues addressed in the R&R.

IT IS SO ORDERED.


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