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Christine A. Benwell v. Michael J. Astrue

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


January 18, 2011

CHRISTINE A. BENWELL, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY,
DEFENDANT.

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

MEMORANDUM AND ORDER

On April 14, 2009, Christine A. Benwell, by and through her attorney, filed a complaint against the Commissioner of Social Security, for judicial review of an administrative agency's decision (Doc. 3). Specifically, Benwell seeks judicial review of the Commissioner's decision denying applications for a period of disability, for disability insurance benefits and for supplemental security income.

On December 29, 2010, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Clifford J. Proud submitted a Report and Recommendation ("the Report") recommending that the Court reverse the Commissioner's final decision and remand this case to the Commissioner for rehearing and reconsideration of the evidence (Doc. 24).

The Report was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" by January 14, 2011. 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. 24). The Court REMANDS this case to the Commissioner for rehearing and reconsideration of the evidence, pursuant to sentence four of 42 U.S.C. § 4-5(g).

IT IS SO ORDERED.

David R. Herndon Chief Judge United States District Court

2011.01.18 16:22:28 -06'00'

20110118

© 1992-2011 VersusLaw Inc.



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