Thomas obo D.T. v. Astrue

Filing 23

MEMORANDUM AND ORDER. IT IS HEREBY ORDERED that under sentence four of 42 U.S.C. § 405(g), the final decision of the Commissioner of Social Security denying Child Supplemental Security Income to D.T., by and through Plaintiff Joann Thomas, is AFFIRMED, and Plaintiff Joann Thomas's Complaint [doc. # 1 ] is DISMISSED, with prejudice. Signed by Honorable E. Richard Webber on 3/25/11. (KLH)

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Thomas obo D.T. v. Astrue Doc. 23 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MISSOURI NORTHERN DIVISION JOANN THOMAS, o/b/o D.T., Plaintiff, vs. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 2:09CV00066 ERW MEMORANDUM AND ORDER This matter comes before the Court on the Report and Recommendation of United States Magistrate Judge Mary Ann L. Medler [doc. #22], pursuant to 28 U.S.C. § 636(b). The Court notes that no objections to the Report and Recommendation were filed within the time period afforded by § 636(b)(1). The Court has considered the Report and Recommendation and hereby sustains, adopts, and incorporates herein the Magistrate Judge's Report and Recommendation with the following exceptions: 1. On Page 41 of the Report and Recommendation, change "§ 416.92a(b)(1)(I)" to "20 C.F.R. § 416.926a(b)(1)(i), (g)"; 2. On Page 42 of the Report and Recommendation, change "§ 416.92a(b)(1)(ii)" to "20 C.F.R. § 416.926a(b)(1)(ii), (h)"; 3. On Page 43 of the Report and Recommendation, change "S 416.92a(b)(1)(iii)" to "20 C.F.R. § 416.926a(b)(1)(iii), (i)"; 4. On Page 48 of the Report and Recommendation, change "§ 416.92a(b)(1)(iv)" to "20 C.F.R. § 416.926a(b)(1)(iv), (j)" and change "§ 416.92a(b)(1)(v)" to "§ 416.926a(b)(1)(v), (k)"; Dockets.Justia.com 5. On Page 49 of the Report and Recommendation, change "§ 416.929a(1)" to "§ 416.926a(b)(1)(vi), (l)". Accordingly, IT IS HEREBY ORDERED that under sentence four of 42 U.S.C. § 405(g), the final decision of the Commissioner of Social Security denying Child Supplemental Security Income to D.T., by and through Plaintiff Joann Thomas, is AFFIRMED, and Plaintiff Joann Thomas's Complaint [doc. #1] is DISMISSED, with prejudice. Dated this 25th Day of March, 2011. _______________________________________ E. RICHARD WEBBER SENIOR UNITED STATES DISTRICT JUDGE 2

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