Sawasky v. Commissioner of Social Security Administration

Filing 23

ORDER ADOPTING THE REPORT AND RECOMMENDATIONS for 21 Report and Recommendations, this case is dismissed without prejudice and without issuance and service of process. Signed by Honorable Richard M Gergel on 5/15/2012. (ydav, )

IN THE UNITED STATES DISTRICT COURT

DISTRICT OF SOUTH CAROLINA

CHARLESTON DIVISION

Patricia M. Sawasky,
Plaintiff,
vs.
Commissioner of Social Security
Administration,
Defendant.

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Civil Action No. 1:12-156-RMG

ORDER

Plaintiff filed this pro se action seeking review of the decision of the Social Security
Administration relating to the repayment of overpaid Social Security benefits. In accord with 28
U.S.C. § 636(b) and Local Rule 73.02, D.S.C., this matter was referred to the Magistrate Judge
for pretrial handling. The Magistrate Judge issued a Report and Recommendation ("R & R") on
April 26, 2012, recommending that the action be dismissed without prejudice and without
issuance of service of process because Plaintiff had not exhausted her administrative remedies.
(Dkt. No. 21). Plaintiff was advised that she had 14 days to file mitten objections to the R & R
and would have limited review and a waiver of her right to appeal if she failed to make timely
written objections. Id. at 7. Plaintiff filed no objections to the R & R.
A review of the record before the Court indicates that Plaintiff contests a determination
by the Social Security Administration of the amount of repayment required from an overpayment
of Social Security benefits. It is uncontested that following the challenged administrative

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decision regarding overpayment, Plaintiff did not request a reconsideration of the
Administration's initial determination or otherwise exhaust her available administrative
remedies. Id. at 5. The "general rule" in Social Security appeals is that exhaustion of
administrative remedies is essential to obtain federal court review "as a matter of preventing
premature interference with agency processes, so that the agency may function efficiently and so
that it may have an opportunity to correct its own errors ...". Weinberger v. Salji, 422 U.S. 749,
765 (1975).
The Court, having reviewed the R & R, the record before the Court and the applicable
case law, finds that the Magistrate Judge has ably and comprehensively addressed the factual and
legal issues in this matter. Therefore, the Court hereby adopts the R & R as the Order of the
Court. This matter is dismissed without prejudice and without issuance and service of process.
AND IT IS SO ORDERED.

United States District Judge
May I~ 2012
Charleston, South Carolina

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