Evans Beavers v. Commissioner of Social Security

Filing 23

MEMORANDUM AND ORDER: The Court adopts REPORT AND RECOMMENDATIONS 22 in its entirety, REVERSES the final decision of the Commissioner denying Evans Beavers application for SSI benefits; REMANDS the case to the Commissioner for rehearing and a new decision pursuant to sentence four of 42 U.S.C. § 405(g); and DIRECTS the Clerk of Court to enter judgment accordingly.Signed by Judge J. Phil Gilbert on 9/13/2013. (jdh)

UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF ILLINOIS
TRESA D. EVANS BEAVERS,
Plaintiff,
v.

Case No. 13-cv-132-JPG

CAROLYN W. COLVIN, Acting Commissioner
of Social Security,
Defendant.
MEMORANDUM AND ORDER
This matter comes before the Court on the Report and Recommendation (“Report”) (Doc.
22) of Magistrate Judge Clifford J. Proud recommending that the Court reverse the final decision
of Carolyn W. Colvin, Acting Commissioner of Social Security, (“Commissioner”) denying
plaintiff Tresa D. Evans Beavers’ application for Supplemental Security Income (“SSI”) benefits
and remand this matter for rehearing and a new decision pursuant to sentence four of 42 U.S.C.
§ 405(g).
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 Systems 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. 22);



REVERSES the final decision of the Commissioner denying Evans Beavers’ application
for SSI benefits;



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



DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.
DATED: September 13, 2013
s/J. Phil Gilbert
J. PHIL GILBERT
DISTRICT JUDGE

2