McCowen v. Commissioner of Social Security

Filing 21

ORDER ADOPTING REPORT AND RECOMMENDATIONS 20 and ORDER OF REMAND: Case remanded to Social Security for rehearing and reconsideration of the evidence. Signed by Judge William D. Stiehl on 10/18/11. (jst)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS

VIRGINIA McCOWEN,

)
)
Plaintiff,
)
)
v.
)
)
MICHAEL J. ASTRUE, Commissioner of )
Social Security,
)
)
Defendant.
)

CIVIL NO. 11-CV-00070-WDS

ORDER
STIEHL, District Judge:
Before the Court is the Report and Recommendation (Doc. 20) of United States Magistrate
Judge Clifford J. Proud that this Court reverse the Commissioner’s final decision and remand this
case for rehearing and reconsideration of the evidence pursuant to sentence four (4) of 42 U.S.C.
§ 405(g). Judge Proud’s Report and Recommendation (Doc. 20) included a notice that objections
must be filed on or before October 11, 2011. To date, neither plaintiff nor defendant has filed any
objections to the Report and Recommendation. Under 28 U.S.C. § 636(b), this Court, therefore,
need not conduct de novo review. Thomas v. Arn, 474 U.S. 140, 149-52 (1985).
Upon review of the record, the Court ADOPTS the Report and Recommendation of
Magistrate Judge Clifford J. Proud (Doc. 20), and it is HEREBY ORDERED AND ADJUDGED
that the Commissioner’s final decision denying Virginia McCowen’s August, 2007, application for
disability insurance benefits and supplemental security income is REVERSED and REMANDED
for rehearing and reconsideration of the evidence pursuant to sentence four (4) of 42 U.S.C. §
405(g).

The Clerk of the Court is DIRECTED to enter judgment accordingly. Each party shall bear
its own costs.

IT IS SO ORDERED.
DATE: October 18, 2011
/s/ WILLIAM D. STIEHL
DISTRICT JUDGE

2