Myers v. Commissioner of Social Security Administration
Filing
23
OPINION AND ORDER RULING ON REPORT AND RECOMMENDATION adopting 19 Report and Recommendation, affirming the decision of the Commissioner. Signed by Honorable Donald C. Coggins, Jr. on 01/28/2019. (bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Shon Marie Myers,
)
)
Plaintiff,
)
)
v.
)
)
Nancy A. Berryhill, Acting Commissioner )
of Social Security Administration,
)
)
Defendant. )
________________________________ )
C/A No. 0:17-2370-DCC
OPINION AND ORDER
Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) seeking judicial
review of the final decision of the Commissioner of Social Security (“Commissioner”)
denying her claim for Disability Insurance Benefits.
In accordance with 28 U.S.C.
§ 636(b) and Local Civil Rule 73.02 (D.S.C.), this matter was referred to a United States
Magistrate Judge for pre-trial handling. The Magistrate Judge issued a Report and
Recommendation (“Report”) on November 2, 2018, recommending that the Court affirm
the decision of the Commissioner. ECF No. 19. Neither party filed objections to the
Report.
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 this Court. Mathews v. Weber, 423 U.S. 261, 270–71 (1976).
The Court is charged with making a de novo determination of only those portions of the
Report that have been specifically objected to, and the Court may accept, reject, or modify
the Report, in whole or in part. 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) (“[I]n the absence of a timely
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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 to 1983
addition)).
Having reviewed the record, the applicable law, and the findings and
recommendations of the Magistrate Judge, the Court finds no clear error and adopts the
Report by reference in this Order. Therefore, the Commissioner’s decision is AFFIRMED.
IT IS SO ORDERED.
s/ Donald C. Coggins, Jr.
United States District Judge
January 28, 2019
Spartanburg, South Carolina
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