Jones v. Commissioner of Social Security Administration
Filing
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ORDER RULING ON REPORT AND RECOMMENDATION adopting 14 Report and Recommendation, reversing the decision of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) and remanding the action for further administrative review. Signed by Honorable Timothy M Cain on 01/07/2016. (bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Cathy Yvonne Jones,
Plaintiff,
v.
Carolyn W. Colvin, Acting Commissioner
of Social Security Administration,
Defendant.
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Civil Action No. 1:15-cv-1650-TMC
ORDER
Plaintiff Cathy Yvonne Jones (“Jones”) brought this action under 42 U.S.C. § 405(g),
seeking judicial review of a final decision of the Commissioner of Social Security
(“Commissioner”) denying her claim for Disability Insurance Benefits under the Social Security
Act. This matter is before the court for review of the Report and Recommendation (“Report”) of
the United States Magistrate Judge, made in accordance with 28 U.S.C. § 636 and Local Civ.
Rule 73.02 (D.S.C.). (ECF No. 14). The Report recommends that the Commissioner’s decision
be reversed and remanded pursuant to sentence four of § 405(g) for further proceedings
consistent with the Report. Id. Plaintiff has not filed any objections to the Report, and on
January 4, 2016, the Commissioner filed a notice of her intent not to file any objections to the
Report. (ECF No. 16).
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in the
absence of a timely filed objection, a district court need not conduct a de novo review, but
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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) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough and careful review of the record, the court adopts the Report of the
Magistrate Judge which is incorporated herein by reference. The Commissioner’s final decision
is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further
administrative review as set forth in the Report. (ECF No. 14).
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
January 7, 2016
Anderson, South Carolina
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