Picquet v. Commissioner of Social Security Administration
Filing
25
ORDER RULING ON REPORT AND RECOMMENDATION adopting 18 Report and Recommendation, affirming the decision of the Commissioner. Signed by Honorable Bruce Howe Hendricks on 05/30/2018. (bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Ivy L. Picquet,
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Plaintiff,
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v.
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Nancy A. Berryhill,
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Acting Commissioner of the
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Social Security Administration,
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Defendant.
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________________________________)
Civil Action No. 0:17-cv-860-BHH
ORDER
This matter is before the Court on Plaintiff Ivy L. Picquet’s (“Plaintiff”) complaint filed
pursuant to 42 U.S.C. § 405(g), seeking judicial review of the Commissioner of Social
Security’s final decision, which denied Plaintiff’s claim for disability insurance benefits. The
record includes the report and recommendation (“Report”) of a United States Magistrate
Judge, which was made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule
73.02(B)(2)(a), D.S.C. In the Report, which was filed on May 11, 2018, the Magistrate
Judge recommends that the Court affirm the Commissioner’s final decision, based on
finding that Plaintiff failed to show that the Commissioner’s decision was unsupported by
substantial evidence or reached through application of an incorrect legal standard. In a
notice filed on May 29, 2018, Plaintiff informed the Court that she will not be filing
objections to the Magistrate Judge’s Report.
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 (1976). The Court
is charged with making a de novo determination only of those portions of the Report to
which specific objections are 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 the
Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). In the absence of specific
objections, the Court reviews the matter only for clear error. See Diamond v. Colonial Life
& Accident 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 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.’”) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
Here, because no objections were filed, the Court has reviewed the record, the
applicable law, and the findings and recommendations of the Magistrate Judge for clear
error. Finding none, the Court hereby adopts and incorporates the Report (ECF No. 18).
Therefore, it is ORDERED that the decision of the Commissioner of Social Security is
affirmed.
IT IS SO ORDERED.
/s/Bruce H. Hendricks
The Honorable Bruce Howe Hendricks
United States District Judge
May 30, 2018
Charleston, South Carolina
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