Woodard v. Commissioner of Social Security Administration

Filing 32

ORDER RULING ON 29 Report and Recommendation: The Court adopts the Report and Recommendation of the Magistrate Judge and the decision of the Commissioner is Affirmed. Signed by Honorable Mary Geiger Lewis on 8/21/2018. (vdru, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
CHARLESTON DIVISION
ERIC WAYNE WOODARD,

) Civil Action No.: 2:17-01831-MGL
)
Plaintiff, )
)
v.
)
OPINION AND ORDER
)
NANCY BERRYHILL,
)
Acting Commissioner of the Social
)
Security Administration,
)
)
Defendant. )
______________________________
This matter is before the Court for review of the Report and Recommendation
(“Report”) of United States Magistrate Judge Mary Gordon Baker, made in accordance
with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02 for the District of South
Carolina. Plaintiff Eric Wayne Woodard (“Plaintiff”) brought this action seeking judicial
review of the final decision of the Commissioner of Social Security (“Commissioner”)
denying Plaintiff’s claim for Supplemental Security Income (“SSI”) benefits.
On July 31, 2018, the Magistrate Judge issued a Report in which she
recommended the Commissioner’s decision be affirmed. ECF No. 29. Plaintiff filed no
objections to the Report and Recommendation.
The Magistrate Judge makes only a recommendation to this 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 of those portions of the Report to
which specific objection is 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 her

with instructions. 28 U.S.C. § 636(b)(1). 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).
The Court has carefully reviewed the record and concurs in the recommendation
of the Magistrate Judge. The Court adopts the Report and incorporates it herein by
reference. Accordingly, the decision of the Commissioner to deny Plaintiff’s claim for
SSI benefits is AFFIRMED.

IT IS SO ORDERED.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
August 21, 2018
Columbia, South Carolina

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