Dunlap v. Commissioner of Social Security Administration
ORDER RULING ON REPORT AND RECOMMENDATION adopting 23 Report and Recommendation, reversing the decision of the the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) and remanding the case for further administrative review. Signed by Honorable Timothy M. Cain on 08/05/2015. (bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ROCK HILL DIVISION
Jennifer E. Dunlap,
Carolyn W. Colvin, Acting
Commissioner of Social Security,
Civil Action No. 0:14-cv-2717-TMC
Plaintiff Jennifer E. Dunlap (“Dunlap”) brought this action under 42 U.S.C. §§ 405(g)
and 1383(c)(3), seeking judicial review of a final decision of the Commissioner of Social
Security (“Commissioner”) denying her claims for Disability Insurance Benefits and
Supplemental Security Income under the Social Security Act. This matter is before the court for
review of the Report and Recommendation (“Report”) of the United States Magistrate Judge,
made in accordance with 28 U.S.C. § 636 and Local Civ. Rule 73.02 (D.S.C.). (ECF No. 23).
The Report recommends that the Commissioner’s decision be reversed and remanded pursuant
to sentence four of § 405(g) for further proceedings consistent with the Report. Plaintiff has not
filed any objections to the Report, and on August 3, 2015, the Commissioner filed a notice of her
intent not to file any objections to the Report (ECF No. 25).
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in 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).
After a thorough and careful review of the record, the court adopts the Report of the
Magistrate Judge which is incorporated herein by reference. The Commissioner’s final decision
is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further
administrative review as set forth in the Report. (ECF No. 23).
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
August 5, 2015
Anderson, South Carolina
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