Pleasant v. Commissioner of Social Security

Filing 17

ORDER BY SUE E. MYERSCOUGH, U.S. District Judge: The Report and Recommendation (d/e 16 ) is ADOPTED in its entirety. The Decision of the Commissioner is AFFIRMED in part and REVERSED and REMANDED in part. THIS CASE IS CLOSED. SEE WRITTEN ORDER. Entered on 9/18/2015. (MJ, ilcd)

E-FILED

Monday, 21 September, 2015 11:01:11 AM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
TERMASS A. PLEASANT, SR.,

)
)
Plaintiff,
)
)
v.
)
)
CAROLYN COLVIN, Acting
)
Commissioner of Social Security, )
)
Defendant.
)

No. 14-cv-3067

ORDER
SUE E. MYERSCOUGH, U.S. District Judge:
This matter comes before the Court on the Report and
Recommendation of United States Magistrate Judge Tom
Schanzle-Haskins (d/e 16). Judge Schanzle-Haskins recommends
that this Court affirm in part and reverse and remand in part the
decision of the Commissioner of Social Security. The Commissioner
found that Plaintiff became disabled on September 8, 2012, but not
before.
Objections to the Report and Recommendation were due on or
before September 4, 2015. Neither party filed objections.

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Pursuant to Federal Rule of Civil Procedure 72(b)(3), the Court
Amay accept, reject, or modify the recommended disposition; receive
further evidence; or return the matter to the magistrate judge with
instructions.@ Fed. R. Civ. P. 72(b)(3). The Court reviews de novo
any part of the Report and Recommendation to which a proper
objection has been made. Fed. R. Civ. P. 72(b)(3). AIf no objection
or only partial objection is made, the district court judge reviews
those unobjected portions for clear error.@ Johnson v. Zema Sys.
Corp., 170 F. 3d 734, 739 (7th Cir. 1999) (also noting that a party
who fails to object to the report and recommendation waives
appellate review of the factual and legal questions).
Judge Schanzle-Haskins found the Administrative Law Judge=s
(ALJ) decision that Plaintiff was not disabled before September 8,
2012 was not supported by substantial evidence. Judge
Schanzle-Haskins recommended that Plaintiff’s Brief in Support of
Motion for Summary Judgment (d/e 11) should be allowed in part,
that the Commissioner’s Motion for Summary Affirmance (d/e 14)
should be denied, and that the ALJ’s decision should be reversed and
Plaintiff’s case remanded for further proceedings. Because Plaintiff
did not appeal the Commissioner’s decision that Plaintiff became
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disabled on September 8, 2012, Judge Schanzle-Haskins affirmed
that decision.
After reviewing the record, the Report and Recommendation,
the parties= motions and memoranda, and the applicable law, this
Court finds no clear error.
IT IS THEREFORE ORDERED THAT:
(1)

The Report and Recommendation (d/e 16) is ADOPTED

in its entirety.
(2)

The Decision of the Commissioner is AFFIRMED in

part and REVERSED and REMANDED in part.

THIS CASE IS

CLOSED.
ENTER: September 18, 2015
FOR THE COURT:
s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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