Barners v. Commissioner of Social Security Administration

Filing 23

ORDER RULING ON 20 REPORT AND RECOMMENDATION It is ordered that the decision of the Commissioner of Social Security is reversed pursuant to sentence four of 42 U.S.C. § 405(g), and this case is remanded to the Commissioner for further administrative action as set forth in the Report. Signed by Honorable Bruce Howe Hendricks on 08/17/2017. (egra, )

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

John Henry Barnes, Jr.,

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Plaintiff,
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v.
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Nancy Berryhill,
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Acting Commissioner of the
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Social Security Administration,
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Defendant.
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Civil Action No. 2:16-cv-2120-BHH

ORDER

This matter is before the Court on Plaintiff John Henry Barnes, Jr.’s (“Plaintiff”)
complaint filed pursuant to 42 U.S.C. § 405(g), seeking judicial review of the Commissioner
of Social Security’s final decision, which denied Plaintiff’s claims for disability insurance
benefits and supplemental security income.

The record includes the report and

recommendation (“Report”) of a United States Magistrate Judge, which was made in
accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(a) (D.S.C.). In
the Report, which was filed on August 4, 2017, the Magistrate Judge recommends that the
Court reverse the Commissioner’s decision pursuant to sentence four of 42 U.S.C. § 405(g)
and remand the case to the Commissioner for further administrative action as set forth in
the Report. In a notice filed on August 17, 2017, Defendant informed the Court that she
will not be filing objections to the Magistrate Judge’s Report.
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 (1976). The Court

is charged with making a de novo determination only 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 recommendation of the Magistrate Judge, or recommit the matter to the
Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1). In the absence of specific
objections, the Court reviews the matter only for clear error. See Diamond v. Colonial Life
& Accident 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 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.’”) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
Here, because no objections were filed, the Court has reviewed the record, the
applicable law, and the findings and recommendations of the Magistrate Judge for clear
error. Finding none, the Court hereby adopts and incorporates the Report (ECF No. 20).
Therefore, it is ORDERED that the decision of the Commissioner of Social Security is
reversed pursuant to sentence four of 42 U.S.C. § 405(g), and this case is remanded to the
Commissioner for further administrative action as set forth in the Report.
IT IS SO ORDERED.

/s/Bruce H. Hendricks
The Honorable Bruce Howe Hendricks
United States District Judge
August 17, 2017

August , 2017
Charleston, South Carolina

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