Robinson v. Astrue

Filing 17

ORDER RULING ON REPORT AND RECOMMENDATIONS for 14 Report and Recommendations. Signed by Honorable Joseph F Anderson, Jr on 12/18/2008. (sshe, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA

Deborah Robinson, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security, Defendant. ______________________________________

) ) ) ) ) ) ) ) ) )

C/A No.: 2:08-303-JFA-RSC

ORDER

This is an action brought by the plaintiff, Deborah Robinson, pursuant to sections 205(g) and 1631(c)(3) of the Social Security Act, as amended, to obtain judicial review of the final decision of the Commissioner of the Social Security Administration ("Commissioner") denying her claims for disability insurance benefits and supplemental security income under Titles II and XVI of the Social Security Act. The Magistrate Judge assigned to this action1 has prepared a Report and Recommendation wherein he suggests that the Commissioner's decision to deny benefits should be reversed under sentence four of 42 U.S.C. § 405(g), and remanded to the Commissioner further proceedings including, but not limited to, reconsideration of plaintiff's mental impairment and what, if any, functional limitations result from such impairments. In the Report and Recommendation, the Magistrate Judge provides a detailed discussion of the undisputed and relevant medical evidence as
1

The Magistrate Judge's review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 7 3 .0 2 . The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive w e i g h t , and the responsibility to make a final determination remains with the court. Mathews v. Weber, 423 U.S. 261 ( 1 9 7 6 ) . The court is charged with making a de novo determination of those portions of the Report to which specific o b j e c t i o n is made and the court may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate J u d g e , or recommit the matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1).

1

stated by the plaintiff. This court incorporates such without a recitation. The parties were advised of their right to file objections to the Report and Recommendation. The plaintiff did not file objections within the time limits prescribed by the local rules of this district. The Commissioner filed a notice stating that he would not file objections to the Report. Thus, it appears the matter is ripe for review by this court. After a careful review of the record, including the findings of the ALJ, the briefs from the plaintiff and the Commissioner, and the Magistrate Judge's Report, the court finds the Report provides an accurate summary of the facts in the instant case and that the conclusions are proper. The Magistrate Judge's findings are hereby specifically incorporated herein by reference. Accordingly, this action is reversed pursuant to sentence four of 42 U.S.C. § 405(g) and is remanded to the Commissioner for further proceedings as stated herein and in the Magistrate Judge's Report. IT IS SO ORDERED.

December 18, 2008 Columbia, South Carolina

Joseph F. Anderson, Jr. United States District Judge

2