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Nancy Jordan v. Michael J. Astrue

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


January 10, 2012

NANCY JORDAN, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

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

ORDER

On March 11, 2011, plaintiff Nancy Jordan filed this action against the commissioner of social security (Doc. 9). Specifically, plaintiff sought judicial review of a final agency decision finding that she was not disabled and denying her Disability Insurance Benefits (DIB). On December 21, 2011, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Clifford Proud submitted a Report and Recommendation (R&R) (Doc. 26), recommending that the Court reverse the commissioner's final decision and further recommending 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 through the filing of "objections" by January 9, 2012. 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. 26) 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.

2012.01.10 14:27:02 -06'00'

David R. Herndon Chief Judge United States District Court

20120110

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