Green v. Commissioner of Social Security Administration
ORDER RULING ON 19 REPORT AND RECOMMENDATION The Commissioner's final decision is reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative review. Signed by Honorable Timothy M Cain on 08/17/2017. (egra, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Johnny A. Green,
Nancy A. Berryhill,
Acting Commissioner of Social Security,
Civil Action No. 2:16-832-TMC
Plaintiff, Johnny A. Green, brought this action pursuant to 42 U.S.C. §§ 405(g), seeking
judicial review of a final decision of the Commissioner of Social Security (“Commissioner”)1
denying his claim for Disability Insurance Benefits (“DIB”) and Supplemental Security Income
(“SSI”) under the Social Security Act (“SSA”). (ECF No. 1). In accordance with 28 U.S.C. §
636(b)(1) and Local Civil Rule 73.02, D.S.C., this matter was referred to a magistrate judge for
Before the court is the magistrate judge’s Report and Recommendation
(“Report”), recommending that the Commissioner’s decision be reversed and remanded pursuant
to sentence four of § 405(g) for further proceedings. (ECF No. 19). On August 10, 2017, the
Commissioner filed notice that she would not file objections. (ECF No. 21). Green filed no
objections and the time to do so has now run.
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, 270–
71 (1976). In the absence of objections, this court is not required to provide an explanation for
Nancy A. Berryhill became the Acting Commissioner of the Social Security Administration on January 23, 2017.
Pursuant to Fed. R. Civ. P. 25(d), Berryhill should be substituted for Carolyn W. Colvin as the defendant in this
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
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 careful and thorough review of the record under the appropriate standards, as set
forth above, the court adopts the Report (ECF No. 19), which is incorporated herein by
reference. Accordingly, 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
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
Anderson, South Carolina
August 17, 2017
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