Van Note v. Commissioner of Social Security

Filing 24

ORDER entered by Chief Judge James E. Shadid on 03/04/2016. The Court now adopts the Report & Recommendation 23 of the Magistrate Judge in its entirety. Defendant's Motion for Summary Affirmance 19 is GRANTED and Plaintiff's Motion 13 for Summary Judgment or Remand is DENIED. This case is now terminated. See full written Order.(JS, ilcd)

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E-FILED Friday, 04 March, 2016 10:56:02 AM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS DENNIS VAN NOTE, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. ) ) ) ) ) ) ) ) ) Case No. 14-1363 ORDER On February 9, 2016, a Report & Recommendation was filed by Magistrate Judge Jonathan Hawley in the above captioned case. More than fourteen (14) days have elapsed since the filing of the Report & Recommendation, and no objections have been made. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Lockert v. Faulkner, 843 F.2d 1015 (7th Cir. 1988); and Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986). As the parties failed to present timely objections, any such objections have been waived. Id. The relevant procedural history is sufficiently set forth in the comprehensive Report & Recommendation of the Magistrate Judge. Plaintiff claims 1) the Appeals Council erred by failing to remand his case for consideration of new and material evidence from a physician; 2) the ALJ erred on her selective consideration of the medical evidence and failing to build a logical bridge from the evidence to her conclusions; and 3) the ALJ’s credibility determination was not supported by substantial evidence. The Court concurs with the Magistrate Judge’s detailed discussion and recommendation. Accordingly, the Court now adopts the Report & Recommendation [23] of the Magistrate Judge in its entirety. Defendant’s Motion for Summary Affirmance [19] is GRANTED and Plaintiff’s Motion [13] for Summary Judgment or Remand is DENIED. This case is now terminated. ENTERED this 4th day of March, 2016. s/ James E. Shadid James E. Shadid Chief United States District Judge -2-

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