Tshomba v. Commissioner of Social Security

Filing 17

ORDER entered by Judge Michael M. Mihm on 10/9/2018. The ALJ's decision that Plaintiff lacked good cause for failing to request a hearing within sixty days was supported by substantial evidence and should not be disturbed by this Court. Accordin gly, the Court concurs with Magistrate Judge Long's detailed Report and Recommendation. The Court adopts the Report and Recommendation 13 in its entirety. Defendant's Motion for an Order Which Affirms the Commissioner's Decision 12 is GRANTED, and Plaintiff's Motion for Summary Judgment 9 is DENIED. This case is now TERMINATED. See full written Order.(VH, ilcd)

E-FILED

Tuesday, 09 October, 2018 02:52:55 PM
Clerk, U.S. District Court, ILCD
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
URBANA DIVISION

CLEMENT TSHOMA,
Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

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Case No. 17-2162

ORDER
This matter is now before the Court on the Report and Recommendation [13] dated August
17, 2018, from Magistrate Judge Eric I. Long. More than 14 days have elapsed since the Report
and Recommendation was filed, 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); 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 was outlined in the comprehensive Report and
Recommendation. (Doc. 13, pp. 1-3). In short, on April 10, 2015, Plaintiff’s application for
disability insurance benefits was denied. On August 6, 2015, Plaintiff’s request for reconsideration
was also denied. (R. 5-10). Plaintiff and his attorney were informed in writing that Plaintiff could
request an administrative hearing within sixty days. (R. 7). Plaintiff failed to file a timely request
and did not establish good cause for missing the deadline. 20 C.F.R. §§ 404.933(b)(1);
416.1433(b).
On July 13, 2017, Plaintiff filed a Complaint seeking judicial review, but he did not submit
additional evidence regarding his failure to file a timely request for an administrative hearing. Id.

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The ALJ’s decision that Plaintiff lacked good cause for failing to request a hearing within
sixty days was supported by substantial evidence and should not be disturbed by this Court.
Accordingly, the Court concurs with Magistrate Judge Long’s detailed Report and
Recommendation.
The Court adopts the Report and Recommendation [13] in its entirety. Defendant’s Motion
for an Order Which Affirms the Commissioner’s Decision [12] is GRANTED, and Plaintiff’s
Motion for Summary Judgment [9] is DENIED. This case is now TERMINATED.

ENTERED this 9th day of October, 2018.

s/ Michael M. Mihm
Michael M. Mihm
United States District Judge

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