Spencer v. Commissioner of Social Security Administration
ORDER AND OPINION RULING ON REPORT AND RECOMMENDATION adopting 14 Report and Recommendation, affirming the decision of the Commissioner. Signed by Honorable J. Michelle Childs on 04/14/2017. (bshr, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Nancy A. Berryhill,
Acting Commissioner of the
Social Security Administration,
Civil Action No. 1:16-cv-01735-JMC
ORDER AND OPINION
This matter is before the court for review of the Magistrate Judge’s Report and
Recommendation (“Report”) (ECF No. 14), filed on January 31, 2017. On May 31, 2016,
Plaintiff Jonathan Spencer (“Plaintiff”) filed the complaint in this case appealing a final
administrative decision by then Acting Commissioner Carolyn Colvin (“the Commissioner”)
denying Plaintiff’s claim for disability insurance benefits.1
(ECF No. 1.)
recommends that the decision of the Commissioner denying Plaintiff’s claim for Disability
Insurance Benefits be affirmed. (ECF No. 14 at 32). The Report sets forth the relevant facts and
legal standards, which this court incorporates herein without a recitation.
The Magistrate Judge’s Report and Recommendation is made in accordance with 28
U.S.C. § 636(b)(1) 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 this court. Mathews v.
Weber, 423 U.S. 261, 270–71 (1976). The court is charged with making a de novo determination
Nancy A. Berryhill became the Acting Commissioner of Social Security on January 23, 2017.
Pursuant to Fed. R. Civ. P. 25(d), Nancy A. Berryhill is substituted for former Acting
Commissioner Carolyn W. Colvin as a Defendant in this lawsuit.
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 magistrate judge’s recommendation or recommit the
matter with instructions. See 28 U.S.C. § 636(b)(1).
The parties were notified of their right to file objections. On March 8, 2017, Plaintiff
filed a response indicating that she would not be objecting to the Report. (ECF No. 19.) In the
absence of objections to the Report, this court is not required to provide an explanation for
adopting the recommendation. Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Instead, the
court 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 finds the Magistrate Judge’s
Report provides an accurate summary of the facts and law in the instant matter. The court
ADOPTS the Magistrate Judge’s Report and Recommendation (ECF No. 14) and AFFIRMS
the final decision of the Commissioner denying Plaintiff’s claim for Disability Insurance
IT IS SO ORDERED.
United States District Court Judge
April 14, 2017
Columbia, South Carolina
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