Fowler v. Commissioner of Social Security Administration

Filing 15

ORDER RULING ON 13 REPORT AND RECOMMENDATION: The court adopts the Magistrate Judge's Report and Recommendation (ECF No. 13), and the Commissioner's final decision is affirmed. Signed by Honorable Timothy M Cain on 12/28/2017. (vdru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
Stacey Lynn Fowler,

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Plaintiff,
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v.
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Nancy A. Berryhill, Acting Commissioner )
Of Social Security,
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Defendant.
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___________________________________ )

Civil Action No. 2:16-cv-02387-TMC-MGB
ORDER

Plaintiff, Stacey Lynn Fowler, 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”)
denying her claim for Disability Insurance Benefits (“DIB”) and Supplemental Security Income
(“SSI”) pursuant to the Social Security Act. (ECF No. 1). This matter is before the court for review
of the Report and Recommendation (“Report”) of the United States Magistrate Judge, made in
accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(a) (D.S.C.). (ECF No.
13). The Report recommends that the Commissioner’s decision be affirmed because the Magistrate
Judge found that there was substantial evidence to support the Commissioner’s final decision.
(ECF No. 13). Plaintiff, who is represented by counsel, has not filed any objections to the Report,
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 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).
After a thorough and careful review of the record, the court adopts the Report of the
Magistrate Judge (ECF No. 13), which is incorporated herein by reference. Accordingly, the
Commissioner’s final decision is AFFIRMED because there is substantial evidence to support the
Commissioner’s decision that Plaintiff is not disabled within the meaning of the Social Security
Act.
IT IS SO ORDERED.

s/Timothy M. Cain
Timothy M. Cain
United States District Judge
Anderson, South Carolina
December 28, 2017