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Susan G. Haring v. Michael J. Astrue

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


August 1, 2012

SUSAN G. HARING, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

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

ORDER

On September 12, 2011, plaintiff Susan G. Haring filed this action against the Commissioner of Social Security (Doc. 3). Specifically, plaintiff sought judicial review of the findings and determinations of the Commissioner denying her application for for disability insurance benefits. 42 U.S.C. § 405(g). On July 11, 2012, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Clifford Proud submitted a Report and Recommendation ("R&R") (Doc. 25) recommending that the Court grant plaintiff's request to reverse the Commissioner's final decision and further recommends 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 by way of filing "objections" on or before July 30, 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 in its entirety. The decision of the Commissioner denying plaintiff's application for disability insurance benefits 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.

Digitally signed by

IT IS SO ORDERED. David R. Herndon

09:38:18 -05'00'

Date: 2012.08.01

Chief Judge United States District Court

20120801

© 1992-2012 VersusLaw Inc.



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