Jones v. Commissioner of Social Security Administration
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, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
QUINTYRUS KIRREZE MOSES JONES,
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
§ 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
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