Palestro v. Commissioner of Social Security Administration
ORDER RULING ON REPORT AND RECOMMENDATION adopting 19 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 proceedings. Signed by Honorable Mary Geiger Lewis on 12/09/2016. (bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CAROLYN W. COLVIN,
Acting Commissioner of Social Security
§ CIVIL ACTION NO. 1:16-cv-707-MGL
ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND REVERSING AND REMANDING FOR FURTHER PROCEEDINGS
This is a Social Security appeal in which Plaintiff seeks judicial review of the final
decision of Defendant denying his claim for Disability Insurance Benefits (DIB). The parties are
represented by excellent counsel. The matter is before the Court for review of the Report and
Recommendation (Report) of the United States Magistrate Judge suggesting to the Court this
matter be reversed and remanded for further administrative proceedings under sentence four of
42 U.S.C. § 405(g). The Report was made in accordance with 28 U.S.C. § 636 and Local Civil
Rule 73.02 for the District of South Carolina.
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight. The responsibility to make a final determination remains with the
Court. Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de
novo determination of those portions of the Report to which specific objection is made, and the
Court 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).
The Magistrate Judge filed the Report on November 14, 2016. ECF No. 19. Defendant
filed a reply on December 1, 2016, stating she would decline filing objections to the Report.
ECF No. 20. Plaintiff failed to file any objections. “[I]n 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.’” 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). Moreover, a failure to object waives appellate review.
Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard
set forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the
judgment of the Court that this matter is REVERSED AND REMANDED for further
administrative proceedings under sentence four of 42 U.S.C. § 405(g).
IT IS SO ORDERED.
Signed this 9th day of December 2016 in Columbia, South Carolina.
s/Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
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