Stout v. Commissioner of Social Security

Filing 26

ORDER ADOPTING REPORT AND RECOMMENDATIONS for 25 . The Court REMANDS this case to the Commissioner for further findings. See Order for details. Signed by Chief Judge David R. Herndon on 4/20/10. (klh)

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS ROBERT J. STOUT, JR., Plaintiff, v. MICHAEL ASTRUE, Commissioner of Social Security, Defendant. Case No. 09-0285-DRH MEMORANDUM and ORDER HERNDON, Chief Judge: On April 13, 2009, Robert J. Stout, Jr., filed this action against the Commissioner of Social Security (Doc. 3). Specifically, Plaintiff seeks judicial review of the findings and determinations of the Commissioner denying his application for disability and disability insurance benefits, pursuant to 42 U.S.C. § 405. On April 1, 2010, pursuant to 28 U.S.C. § 636(b)(1)(B), United States Magistrate Judge Philip M. Frazier submitted a Report and Recommendation ("the Report") recommending that the Court grant remand this case to the Commissioner for further clarification with regard to the Administrative Law Judge's finding of inconsistencies between Dr. Wong's opinion and his treatment notes and the Administrative Law Judge's failure to discuss Stout's allegation that his medication caused drowsiness (Doc. 25). The Report was sent to the parties with a notice informing them of their Page 1 of 2

right to appeal by way of filing "objections" by April 19, 2010. To date, none of the 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. 25). The Court REMANDS this case to the Commissioner for further clarification with regard to the Administrative Law Judge's finding of inconsistencies between Dr. Wong's opinion and his treatment notes and the Administrative Law Judge's failure to discuss Stout's allegation that his medications caused drowsiness. IT IS SO ORDERED. Signed this 20th day of April, 2010. /s/ DavidRHer|do|

Chief Judge United States District Court

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