Hughes, Sr v. Commissioner of Social Security

Filing 18

ORDER: The Report and Recommendation of United States Magistrate Judge Eric I. Long (d/e 15 ) is ACCEPTED and ADOPTED. Plaintiff's motion for summary judgment (d/e 10 ) is DENIED. Defendant's motion for affirmance of Defendant's decision (d/e 13 ) is GRANTED. Defendant's decision to deny Social Security disability benefits to Plaintiff is AFFIRMED. THIS CASE IS CLOSED. SEE WRITTEN ORDER. Entered by Judge Sue E. Myerscough on 9/27/2018. (MJC, ilcd)

E-FILED

Friday, 28 September, 2018 09:35:32 AM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION
MARK HUGHES, SR.,
Plaintiff,
v.
NANCY A. BERRYHILL, Deputy
Commissioner of Operations,
Social Security Administration,1
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Case No. 17-cv-02105

ORDER
SUE E. MYERSCOUGH, U.S. District Judge:
This matter comes before the Court on the Report and
Recommendation of United States Magistrate Judge Eric I. Long
(d/e 15). Magistrate Judge Long recommends that this Court (1)
deny Plaintiff’s motion for summary judgment (d/e 10), (2) grant
Defendant’s motion for affirmance of Defendant’s decision (d/e 13),
and (3) affirm Defendant’s decision to deny Social Security disability
benefits to Plaintiff.

On March 6, 2018, the Government Accountability Office reported that Ms.
Berryhill was not authorized under the Federal Vacancies Reform Act of 1998
to continue serving as the Acting Commissioner of the Social Security
Administration (SSA) after November 17, 2017. Ms. Berryhill now leads the
SSA as the Deputy Commissioner of Operations.
1

Page 1 of 3 

On September 5, 2018, Plaintiff filed his Objections to the
Report and Recommendation of the Magistrate Judge (d/e 16).
Defendant filed a response (d/e 17) to Plaintiff’s objections on
September 12, 2018.
The district court reviews de novo any part of a magistrate
judge’s report and recommendation to which a specific written
objection has been made. Fed. R. Civ. P. 72(b); 28 U.S.C. §
636(b)(1). The Court has thoroughly reviewed Magistrate Judge
Long’s Report and Recommendation, Plaintiff’s objections to the
Report and Recommendation, and Defendant’s response to
Plaintiff’s objections. Applying a de novo review, the Court agrees
with Magistrate Judge Long’s recommendations and the analysis
underlying those recommendations.
It is, therefore, ORDERED:
(1)

The Report and Recommendation of United States

Magistrate Judge Eric I. Long (d/e 15) is ACCEPTED and
ADOPTED.
(2)

Plaintiff’s motion for summary judgment (d/e 10) is

DENIED.

Page 2 of 3 

(3)

Defendant’s motion for affirmance of Defendant’s

decision (d/e 13) is GRANTED.
(4)

Defendant’s decision to deny Social Security

disability benefits to Plaintiff is AFFIRMED.
(5)

THIS CASE IS CLOSED.

ENTER: September 27, 2018
/s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

Page 3 of 3