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Modest E. Donaldson v. Michael J. Astrue

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS


July 27, 2012

MODEST E. DONALDSON, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

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

MEMORANDUM AND ORDER

This matter comes before the Court on the Report and Recommendation ("Report") (Doc. 30) of Magistrate Judge Clifford J. Proud recommending that the Court (1) grant the motion for summary judgment filed by plaintiff Modest E. Donaldson (Doc. 21), (2) reverse the Commissioner's final decision finding Donaldson is not disabled and denying her application for Supplemental Security Income benefits and (3) remand the matter for rehearing and a new decision pursuant to sentence four of 42 U.S.C. § 405(g).

The Court may accept, reject or modify, in whole or in part, the findings or recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P. 72(b)(3). The Court must review de novo the portions of the report to which 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 Systems Corp., 170 F.3d 734, 739 (7th Cir. 1999).

The Court has received no objection to the Report. The Court has reviewed the entire file and finds that the Report is not clearly erroneous. Accordingly, the Court hereby: C ADOPTS the Report in its entirety (Doc. 30);

C GRANTS Donaldson's motion for summary judgment (Doc. 21); C REVERSES the final decision of the Commissioner of Social Security; C REMANDS the case to the Commissioner for rehearing and a new decision pursuant to sentence four of 42 U.S.C. § 405(g), and

C DIRECTS the Clerk of Court to enter judgment accordingly. IT IS SO ORDERED.

J. Phil Gilbert

20120727

© 1992-2012 VersusLaw Inc.



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