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Lori Ann Dencausse v. Michael J. Astrue

IN UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


February 16, 2012

LORI ANN DENCAUSSE, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM & ORDER

This matter comes before the Court on Magistrate Judge Proud's Report and Recommendation ("R&R") wherein it was recommended the final decision of the Commissioner of Social Security to be affirmed (Doc. 14). The Commissioner determined plaintiff Lori Dencausse is not disabled and therefore denied her application for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI).

After reviewing a magistrate judge's report and recommendation, the Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in the report. Fed. R. Civ. P. 72(b). The Court has discretion to conduct a new hearing and may consider the record before the magistrate judge anew or receive any further evidence deemed necessary. Id. The Court must review de novo the portions of the report to which specific written objections are made. Id. "If no objection or only partial objection is made, the district court judge reviews those unobjected portions for clear error." Johnson v. Zema Sys. Corp., 170 F.3d 734, 739 (7th Cir. 1999).

Neither party in this matter filed an objection to Magistrate Judge Proud's recommendation. The Court, therefore, reviews for clear error. See Johnson, 170 F.3d at 739.

Upon reviewing the R&R, the Court finds it to be accurate. The Administrative Law Judge's findings were based upon the law and accurately reflected the facts in this case as discussed in Magistrate Judge Proud's R&R. The Court therefore ADOPTS the R&R (Doc. 14) and AFFIRMS the Commissioner's decision to deny Dencausse's application for DIB and SSI.

IT IS SO ORDERED.

J. Phil Gilbert

20120216

© 1992-2012 VersusLaw Inc.



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