Campbell v. Commissioner of Social Security Administration

Filing 24

ORDER RULING ON REPORT AND RECOMMENDATIONS for 21 Report and Recommendations; the Commissioner's decision is reversed pursuant to 42 U.S.C. §§ 405(g), sentence four, and 1383 (c)(3) and this case is remanded to the Commissioner. Signed by Honorable Terry L Wooten on September 15, 2010. (cwil, )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Jacqueline J. Campbell, ) ) Plaintiff, ) ) vs. ) ) Michael J. Astrue, Commissioner of ) Social Security, ) ) Defendant. ) ____________________________________)

Civil Action No.: 3:09-01562-TLW-JRM

ORDER
Plaintiff has brought this action to obtain judicial review of a final decision of the defendant, Commissioner of Social Security, denying her claims for disability benefits. This matter is before the Court for review of the Report and Recommendation ("the Report") filed by United States Magistrate Judge Joseph R. McCrorey, to whom this case had previously been assigned pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02 (B)(2)(a), DSC. In the Report, the Magistrate Judge recommends that the Commissioner's decision be reversed pursuant to 42 U.S.C. §§ 405(g), sentence four, and 1383(c)(3), and that the case be remanded to the Commissioner. (Doc. #21). The defendant filed a reply and notice of intent not to file objections to the Report. (Doc. #22). This Court is charged with conducting a de novo review of any portion of the Magistrate Judge's Report and Recommendation to which a specific objection is registered, and may accept, reject, or modify, in whole or in part, the recommendations contained in that report. 28 U.S.C. § 636. In the absence of objections to the Report and Recommendation of the Magistrate Judge, this Court is not required to give any explanation for adopting the recommendation. See Camby v.

Davis, 718 F.2d 198, 199 (4th Cir. 1983). The Court has carefully reviewed the Magistrate Judge's Report and Recommendation. It is hereby ORDERED that the Magistrate Judge's Report and Recommendation is ACCEPTED. (Doc. #21). For the reasons articulated by the Magistrate Judge, the Commissioner's decision is hereby REVERSED pursuant to 42 U.S.C. §§ 405(g), sentence four, and 1383(c)(3), and this case is REMANDED to the Commissioner. IT IS SO ORDERED. s/Terry L. Wooten United States District Judge September 15, 2010 Florence, South Carolina

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