Jones v. Commissioner of Social Security Administration

Filing 21

ORDER RULING ON REPORT AND RECOMMENDATION adopting 20 Report and Recommendation, affirming the decision of the Commissioner. Signed by Honorable Mary G. Lewis on 11/05/2014. (bshr, )

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION QUINTYRUS KIRREZE MOSES JONES, Plaintiff, vs. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. § § § § CIVIL ACTION NO. 0:13-2574-MGL-PJG § § § § ORDER ADOPTING THE REPORT AND RECOMMENDATION AND AFFIRMING DEFENDANT’S DECISION This is a Social Security appeal in which Plaintiff seeks judicial review of a final decision of Defendant denying his claim for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI). The matter is before the Court for review of the Report and Recommendation (Report) of the United States Magistrate Judge suggesting to the Court that Defendant’s final decision denying Plaintiff’s claim for DIB and SSI be affirmed. The Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of South Carolina. The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with the Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo determination of those portions of the Report to which specific objection is made, and the Court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge or recommit the matter with instructions. 28 U.S.C. § 636(b)(1). The Magistrate Judge filed the Report on October 17, 2014, but Plaintiff failed to file any objections. “[I]n the absence of a timely filed objection, a district court need not conduct a de novo review, but instead must ‘only satisfy itself that there is no clear error on the face of the record in order to accept the recommendation.’” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quoting Fed. R. Civ. P. 72 advisory committee’s note). Moreover, a failure to object waives appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985). Plaintiff applied for DIB and SSI in August 2010, alleging that his disability due to a schizoaffective disorder commenced on August 2, 2010. Plaintiff’s applications were denied initially and upon reconsideration. He then requested a hearing before an Administrative Law Judge (ALJ). After the hearing, the ALJ issued a decision concluding that Plaintiff was not disabled and, thus, denied his requests for benefits. Later, the Appeals Council denied Plaintiff’s request for review, making the decision of the ALJ the final action of Defendant. After a thorough review of the Report and the record in this case pursuant to the standard set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the Court that Defendant’s final decision denying Plaintiff’s claim for DIB and SSI is AFFIRMED. IT IS SO ORDERED. Signed this 5th day of November, 2014, in Spartanburg, South Carolina. s/ Mary G. Lewis MARY G. LEWIS UNITED STATES DISTRICT JUDGE 2

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