Edwards v. Astrue

Filing 24

MEMORANDUM AND ORDER IT IS HEREBY ORDERED that the Report and Recommendation of the United States Magistrate Judge (Doc. No. 23) is SUSTAINED, ADOPTED, andINCORPORATED herein. IT IS FURTHER ORDERED that the decision of the Commissioner denying Plain tiffs application for disability insurance benefits under Title II of the Act and supplemental security income under Title XVI of that Act is AFFIRMED. A separate Judgment shall accompany this Memorandum and Order. re: 23 REPORT AND RECOMMENDATIONS re 1 Complaint filed by Mark Edward Signed by District Judge Audrey G. Fleissig on 8/30/13. (JWJ)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

MARK H. EDWARDS,
Plaintiff,
v.
CAROLYN W. COLVIN,1 Acting
Commissioner of Social Security,
Defendant.

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Case No. 4:12CV01977AGF/DDN

MEMORANDUM AND ORDER
Currently before the Court is the Report and Recommendation of United States
Magistrate Judge David Noce, to whom this matter was referred for recommended
disposition pursuant to 28 U.S.C. § 636(b). On August 12, 2013, Magistrate Judge Noce
filed his Report and Recommendation (Doc. No. 23), recommending that the Court
uphold the decision of the Administrative Law Judge to deny Plaintiff disability
insurance benefits under Title II of the Social Security Act (“the Act”), 42 U.S.C. § 401,
et seq., and supplemental security income under Title XVI of that Act § 1381, et seq.
Neither party has filed objections to the Report and Recommendation and the time to do
so has expired.

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On February 14, 2013, Carolyn W. Colvin became the Acting Commissioner of
Social Security. The Court hereby substitutes Carolyn W. Colvin as defendant in her
official capacity. Fed. R. Civ. P. 25(d).

Upon careful consideration of the Report and Recommendation and the record in
this case, the Court concurs with the recommendation of the Magistrate Judge that the
Administrative Law Judge’s decision in this matter should be affirmed.
Accordingly,
IT IS HEREBY ORDERED that the Report and Recommendation of the United
States Magistrate Judge (Doc. No. 23) is SUSTAINED, ADOPTED, and
INCORPORATED herein.
IT IS FURTHER ORDERED that the decision of the Commissioner denying
Plaintiff’s application for disability insurance benefits under Title II of the Act and
supplemental security income under Title XVI of that Act is AFFIRMED.
A separate Judgment shall accompany this Memorandum and Order.

_______________________________
AUDREY G. FLEISSIG
UNITED STATES DISTRICT JUDGE
Dated this 30th day of August, 2013.