Hill v. Commissioner of Social Security

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS and ORDER OF REMAND: Case remanded to Social Security Agency to award benefits. Signed by Chief Judge David R. Herndon on 3/2/10. (klh, )

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS MICHAEL HILL, Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social Security, Defendant. Case No. 09-0169-DRH MEMORANDUM and ORDER HERNDON, Chief Judge: On March 5, 2009, Michael Hill filed this action against the Commissioner of Social Security (Doc. 2). Specifically, Plaintiff seeks judicial review of the findings and determinations of the Commissioner finding Plaintiff is not disabled and thus not entitled to receive Disability Insurance Benefits and Supplemental Security Income, pursuant to 42 U.S.C. § 405. On February 10, 2010, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Donald G. Wilkerson submitted a Report and Recommendation ("the Report")

recommending that the Court grant Plaintiff's request to reverse the Commissioner's final decision and further recommends that the Court remand the matter to the agency for the award of benefits (Doc. 20). The Report was sent to the parties with a notice informing them of their right to appeal by way of filing "objections" by March 1, 2010. To date, none of the Page 1 of 2

parties have filed objections, and the period in which to file objections has expired. Therefore, pursuant to 28 U.S.C. § 636(b), this Court need not conduct de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985). Thus, the Court ADOPTS the Report in its entirety (Doc. 20). The Court REVERSES the decision of the Commissioner finding Plaintiff is not disabled and therefore not entitled to receive Disability Insurance Benefits and Supplemental Security Income. The Court REMANDS this matter to the agency for an award of benefits. IT IS SO ORDERED. Signed this 2nd day of March, 2010. /s/ DavidRHer|do| Chief Judge United States District Court

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