Opinion
CIVIL ACTION No. 02-2555-CM
May 10, 2004
MEMORANDUM AND ORDER
This matter comes before the court on plaintiff's Motion for Judgment (Doc. 10) seeking judicial review of the Commissioner's decision to deny plaintiff's claim for Child's Insurance Benefits. By minute order dated July 22, 2003, the court referred plaintiff's motion to United States Magistrate Judge David J. Waxse for report and recommendation. Judge Waxse recommended that the court reverse the decision of the Commissioner and remand the case for an immediate award of benefits.
Judge Waxse reminded the parties that, pursuant to 28 U.S.C. § 636(b)(1) and Fed.R.Civ.P. 72, they must file their objections to his recommendations within ten days. Failure to file timely objections, Judge Waxse informed the parties, would preclude a party from seeking appellate review by any court.
Defendant filed objections to Judge Waxse's recommendations four days after the ten-day deadline set in the report, without requesting an extension or acknowledging the untimeliness of its filing. The court therefore concludes that defendant's objections were filed out of time, and the court will not consider its arguments.
Even had the court considered defendant's objections, however, the court's decision regarding Judge Waxse's recommendation would remain the same. The court adopts Judge Waxse's report and recommendation and concludes that substantial evidence does not support the ALJ's conclusion that drug addiction and alcoholism were contributing factors to a finding of plaintiff's disability.
ORDER
IT IS THEREFORE ORDERED that the court adopts United States Magistrate Judge David J. Waxse's Report and Recommendation in its entirety. The court hereby reverses the Commissioner's decision and, pursuant to 42 U.S.C. § 405(g), remands the case for an immediate award of benefits.
IT IS SO ORDERED.