Gordon v. Commissioner of Social Security

Filing 18

ORDER entered by Judge Sue E. Myerscough on 2/22/2019. The Report and Recommendation of United States Magistrate Judge Tom Schanzle-Haskins, d/e 16 is ACCEPTED and ADOPTED. Plaintiff's Motion for Summary Judgment, d/e 10 is GRANTED. Defendant's Motion for Summary Affirmance, d/e 14 is DENIED. The decision of the Commission is REVERSED and REMANDED. CASE CLOSED. (SEE WRITTEN ORDER)(MAS, ilcd)

E-FILED

Tuesday, 26 February, 2019 10:28:25 AM
Clerk, U.S. District Court, ILCD

IN THE UNITED STATES DISTRICT COURT
FOR THE CENTRAL DISTRICT OF ILLINOIS
SPRINGFIELD DIVISION
ANGELO M. GORDON,
Plaintiff,
v.
NANCY A. BERRYHILL, ACTING
COMMISSIONER OF SOCIAL
SECURITY
Defendant.

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Case No. 17-cv-03259

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 SchanzleHaskins (d/e 16). Magistrate Judge Schanzle-Haskins recommends
that this Court: (1) grant Plaintiff’s Motion for Summary Judgment
(d/e 10); (2) deny Defendant’s Motion for Summary Affirmance (d/e
14); and (3) reverse and remand Defendant’s decision to deny Social
Security disability benefits to Plaintiff.
Objections to the Report and Recommendation were due on or
before November 15, 2018. Neither party filed objections.

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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). If no objection or only partial objection is made, the
district 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).
After reviewing the record, the Report and Recommendation,
and the parties’ motions and memoranda, as well as the applicable
law, the Court finds no clear error in Magistrate Judge SchanzleHaskins’ Report and Recommendation.
It is, therefore, ORDERED:
(1)

The Report and Recommendation of United States

Magistrate Judge Tom Schanzle-Haskins (d/e 16) is ACCEPTED
and ADOPTED.
(2)

Plaintiff’s Motion for Summary Judgment (d/e 10) is

GRANTED.

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(3)

Defendant’s Motion for Summary Affirmance (d/e 14)

is DENIED.
(4)

The decision of the Commission is REVERSED and

REMANDED.
(5)

THIS CASE IS CLOSED.

ENTER: February 22, 2019
/s/ Sue E. Myerscough
SUE E. MYERSCOUGH
UNITED STATES DISTRICT JUDGE

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