Kepner v. Commissioner of Social Security, No. 1:2017cv01382 - Document 21 (C.D. Ill. 2018)
Court Description: ORDER AND OPINION entered by Chief Judge James E. Shadid on 12/4/2018. Accordingly, the Court now adopts the Report and Recommendation 20 of the Magistrate Judge in its entirety. Plaintiff's Motion for Summary Judgment 12 is GRANTED, and Def endant's Motion for Summary Affirmance 17 is DENIED. The ALJ should reconsider the evidence in accordance with the Magistrate Judge's findings in his Report and Recommendations. The Social Security Commissioner's decision denying benefits is reversed and remanded for rehearing and reconsideration of the evidence pursuant to sentence four of 42 U.S.C. § 405(g).See full written Order. Civil Case Terminated. (VH, ilcd)
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Kepner v. Commissioner of Social Security Doc. 21 E-FILED Tuesday, 04 December, 2018 04:42:59 PM Clerk, U.S. District Court, ILCD UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF ILLINOIS JAYNE M. KEPNER, Plaintiff, v. NANCY BERRYHILL, Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) ) Case No. 17-cv-01382-JES-JEH ORDER AND OPINION This matter is now before the Court on a November 13, 2018 Report and Recommendation [17] from Magistrate Judge Hawley. More than 14 days have elapsed since the filing of the Report and Recommendation, and no objections have been made. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b); Lockert v. Faulkner, 843 F.2d 1015 (7th Cir. 1988); Video Views, Inc. v. Studio 21, Ltd., 797 F.2d 538, 539 (7th Cir. 1986). As the parties have failed to raise timely objections, any such objections have been waived. Id. The relevant procedural history has been sufficiently outlined in the comprehensive Report and Recommendation of the Magistrate Judge. Plaintiff claims the Administrative Law Judge’s (ALJ’s) residual functional capacity assessment was not supported by substantial evidence, the ALJ did not properly evaluate the opinion of one of her treating physicians, and the ALJ improperly evaluated Plaintiff’s credibility by ignoring her prior work history and by 1 Dockets.Justia.com placing undue value on her daily activities and inability to lose weight. The Court concurs with the Magistrate Judge’s detailed discussion and recommendation. Accordingly, the Court now adopts the Report and Recommendation [20] of the Magistrate Judge in its entirety. Plaintiff’s Motion for Summary Judgment [12] is GRANTED, and Defendant’s Motion for Summary Affirmance [17] is DENIED. The ALJ should reconsider the evidence in accordance with the Magistrate Judge’s findings in his Report and Recommendations. The Social Security Commissioner’s decision denying benefits is reversed and remanded for rehearing and reconsideration of the evidence pursuant to sentence four of 42 U.S.C. § 405(g). This matter is now terminated. Signed on this 4th day of December, 2018. /s James E. Shadid James E. Shadid Chief United States District Judge 2
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