Klein v. Commissioner of Social Security Administration

Filing 25

ORDER RULING ON REPORT AND RECOMMENDATION for 21 Report and Recommendation, reversing the decision of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) and remanding the matter for further administrative action. Signed by Honorable R. Bryan Harwell on 09/11/2017. (bshr, )

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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA ROCK HILL DIVISION Norma Jean Klein, ) ) Plaintiff, ) ) v. ) ) Nancy A. Berryhill, Acting ) Commissioner of the Social ) Security Administration, ) ) Defendant. ) ______________________________) Civil Action No.: 0:16-cv-01999-RBH ORDER Plaintiff Norma Jean Klein seeks judicial review of a final decision of the Commissioner of the Social Security Administration denying her claims for disabled widow’s benefits and supplemental security income benefits. The matter is before the Court for review of the Report and Recommendation (R & R) of United States Magistrate Judge Paige J. Gossett, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02(B)(2)(a) for the District of South Carolina. See R & R [ECF No. 21]. The Magistrate Judge recommends that the Court reverse and remand the Commissioner’s final decision for further proceedings. R & R at 1, 9. The Magistrate Judge makes only a recommendation to the 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, 270–71 (1976). The Court must conduct a de novo review of those portions of the R & R to which specific objections are made, and it 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). Neither party has filed objections to the R & R, and the time for doing so has expired.1 In the absence of objections to the R & R, the Court is not required to give any explanation for adopting the Magistrate Judge’s recommendations. See Camby v. Davis, 718 F.2d 198, 199–200 (4th Cir. 1983). The Court reviews only for clear error in the absence of an objection. See Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that “in the absence of a timely filed objection, a district court need not conduct 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’” (quoting Fed. R. Civ. P. 72 advisory committee’s note)). After a thorough review of the record in this case, the Court finds no clear error and therefore adopts and incorporates by reference the Magistrate Judge’s R & R [ECF No. 21]. Accordingly, pursuant to sentence four of 42 U.S.C. § 405(g), the Court REVERSES AND REMANDS the Commissioner’s final decision for further administrative action consistent with the R & R. IT IS SO ORDERED. Florence, South Carolina September 11, 2017 s/ R. Bryan Harwell R. Bryan Harwell United States District Judge 1 Objections to the R & R were due by September 8, 2017. See ECF No. 21. The Commissioner filed a notice stating she would not be filing objections. See ECF No. 22. 2

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