Nash v. Commissioner of Social Security Administration

Filing 24

ORDER RULING ON REPORT AND RECOMMENDATION adopting 20 Report and Recommendation, reversing the decision of the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) and remanding the matter for further administrative action. Signed by Honorable R. Bryan Harwell on 05/08/2017. (bshr, )

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
AIKEN DIVISION
Bonnett Glover Nash,

)
)
Plaintiff,
)
)
v.
)
)
Nancy A. Berryhill, Acting
)
Commissioner of the Social
)
Security Administration,
)
)
Defendant.
)
______________________________)

Civil Action No.: 1:16-cv-02478-RBH

ORDER

Plaintiff Bonnett Glover Nash seeks judicial review of a final decision of the Commissioner of
the Social Security Administration denying her claim for disability insurance benefits and supplemental
security income. The matter is before the Court for review of the Report and Recommendation (R &
R) of United States Magistrate Judge Shiva V. Hodges, made in accordance with 28 U.S.C. § 636(b)(1)
and Local Civil Rule 73.02(B)(2)(a) for the District of South Carolina. See R & R, ECF No. 20. The
Magistrate Judge recommends that the Court reverse and remand the Commissioner’s final decision for
further administrative action pursuant to sentence four of 42 U.S.C. § 405(g). R & R at 1, 34-35.
The Magistrate Judge makes only a recommendation to the Court. The recommendation has
no presumptive weight, and the responsibility to make a final determination remains with the Court.
Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court must conduct a de novo review of those
portions of the R & R to which specific objections are made, and it 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).

Neither party has filed objections to the R & R.1 In the absence of objections to the R & R, the
Court is not required to give any explanation for adopting the Magistrate Judge’s recommendations.
See Camby v. Davis, 718 F.2d 198, 199-200 (4th Cir. 1983). The Court reviews only for clear error
in the absence of an objection. See Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th
Cir. 2005) (stating that “in the absence of a timely filed objection, a district court need not conduct 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)).
After a thorough review of the record in this case, the Court finds no clear error and therefore
adopts and incorporates by reference the Magistrate Judge’s R & R [ECF No. 20]. Accordingly,
pursuant to sentence four of 42 U.S.C. § 405(g), the Court REVERSES AND REMANDS the
Commissioner’s final decision for further administrative action consistent with the R & R.
IT IS SO ORDERED.

Florence, South Carolina
May 8, 2017

1

s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge

The Commissioner filed a notice stating she would not file objections to the R & R. See ECF No. 22.

2