Youngblood v. Commissioner of Social Security Administration
Filing
25
OPINION AND ORDER RULING ON REPORT AND RECOMMENDATION adopting 21 Report and Recommendation, affirming the decision of the Commissioner. Signed by Honorable Bruce Howe Hendricks on 04/19/2016. (bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Eleanor Youngblood,
)
)
Plaintiff, )
)
vs.
)
)
Carolyn W. Colvin,
)
Commissioner of Social Security,
)
)
Defendant. )
________________________________ )
Civil Action No.: 0:15-cv-559-BHH
OPINION AND ORDER
This matter is before the Court for review of the Report and Recommendation of
United States Magistrate Judge Paige J. Gossett, made in accordance with 28 U.S.C.
636(b)(1)(B) and Local Civil Rule 73.02 for the District of South Carolina. Plaintiff
Eleanor Youngblood (“Plaintiff”) brought this action seeking judicial review of the final
decision of the Commissioner of Social Security (“Commissioner”) denying Plaintiff’s
claim for Disability Insurance Benefits (“DIB”) and Supplemental Security Income
(“SSI”).
On March 28, 2016, the Magistrate Judge issued a Report and Recommendation
in which she recommended that the Commissioner’s decision be affirmed. (ECF No.
21.) Defendant filed no objections to the Report and Recommendation. On April 8,
2016, Plaintiff filed “Plaintiff’s Notice of Not Filing Objections to the Report and
Recommendation.” (ECF No. 22.)
The Magistrate Judge makes only a recommendation to this Court. The
recommendation has no presumptive weight, and the responsibility to make a final
determination remains with the Court. Mathews v. Weber, 423 U.S. 261 (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 to him
with instructions. 28 U.S.C. § 636(b)(1). 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).
The Court has carefully reviewed the record and concurs in the recommendation
of the Magistrate Judge. The Court adopts the Report and Recommendation and
incorporates it herein by reference. The decision of the Commissioner to deny benefits
is affirmed.
IT IS SO ORDERED.
/s/ Bruce Howe Hendricks
United States District Judge
April 19, 2016
Greenville, South Carolina
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