Grizzle v. Astrue

Filing 26

MEMORANDUM AND ORDER, The Court hereby ADOPTS the Report in its entirety (Doc. 25 );REVERSES the Commissioners final decision denying plaintiff Julie Grizzles application for disability insurance benefits; REMANDS this case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) for rehearing and reconsideration of the evidence and for a new decision; and DIRECTS the Clerk of Court to enter judgment accordingly. Signed by Judge J. Phil Gilbert on 12/19/2013. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
JULIE GRIZZLE,
Plaintiff,
v.

Case No. 12-cv-942-JPG-CJP

CAROLYNN W. COLVIN, Acting
Commissioner of Social Security,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
25) of Magistrate Judge Clifford J. Proud recommending that the Court reverse the
Commissioner’s final decision denying plaintiff Julie Grizzle’s application for disability insurance
benefits and remand this case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g)
for rehearing and reconsideration of the evidence and for a new decision.
The Court may accept, reject or modify, in whole or in part, the findings or
recommendations of the magistrate judge in a report and recommendation. Fed. R. Civ. P.
72(b)(3). The Court must review de novo the portions of the report to which objections are made.
Id. “If 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).
The Court has received no objection to the Report. The Court has reviewed the entire file
and finds that the Report is not clearly erroneous. Accordingly, the Court hereby:


ADOPTS the Report in its entirety (Doc. 25);



REVERSES the Commissioner’s final decision denying plaintiff Julie Grizzle’s
application for disability insurance benefits;



REMANDS this case to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g)
for rehearing and reconsideration of the evidence and for a new decision; and



DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.
DATED: December 19, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

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