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Virginia Mccowen v. Michael J. Astrue

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


October 18, 2011

VIRGINIA MCCOWEN, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Stiehl, District Judge:

ORDER

Before the Court is the Report and Recommendation (Doc. 20) of United States Magistrate Judge Clifford J. Proud that this Court reverse the Commissioner's final decision and remand this case for rehearing and reconsideration of the evidence pursuant to sentence four (4) of 42 U.S.C. § 405(g). Judge Proud's Report and Recommendation (Doc. 20) included a notice that objections must be filed on or before October 11, 2011. To date, neither plaintiff nor defendant has filed any objections to the Report and Recommendation. Under 28 U.S.C. § 636(b), this Court, therefore, need not conduct de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).

Upon review of the record, the Court ADOPTS the Report and Recommendation of Magistrate Judge Clifford J. Proud (Doc. 20), and it is HEREBY ORDERED AND ADJUDGED that the Commissioner's final decision denying Virginia McCowen's August, 2007, application for disability insurance benefits and supplemental security income is REVERSED and REMANDED for rehearing and reconsideration of the evidence pursuant to sentence four (4) of 42 U.S.C. § 405(g).

The Clerk of the Court is DIRECTED to enter judgment accordingly. Each party shall bear its own costs.

IT IS SO ORDERED.

WILLIAM D. STIEHL DISTRICT JUDGE

20111018

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