Tiller v. Commissioner of the Social Security Administration
Filing
28
ORDER RULING ON REPORT AND RECOMMENDATION: The Report and Recommendation of the Magistrate Judge is adopted. Therefore, it is ORDERED that the Commissioner's decision is REVERSED and that the matter is REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g), Signed by Honorable R Bryan Harwell on 7/2/2013. (gnan )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION
Kowyatt Solomon Tiller,
Plaintiff,
v.
Carolyn W. Colvin, Acting
Commissioner of Social Security,
Defendant.
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Civil Action No.: 4:12-cv-01026-RBH
ORDER
Plaintiff Kowyatt Solomon Tiller filed this appeal of the final decision of the Commissioner
of the Social Security denying Plaintiff’s claim for supplemental security income. This matter is
now before the Court for review of the Report and Recommendation of United States Magistrate
Judge Thomas E. Rogers, III, made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule
73.02(B)(2) for the District of South Carolina. The Magistrate Judge recommends that the Court
reverse the Commissioner’s decision and remand the matter to the Commissioner under sentence
four of 42 U.S.C. § 405(g).
The Magistrate Judge makes only a recommendation to this Court. The recommendation
has no presumptive weight. The responsibility to make a final determination remains with this
Court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The Court is charged with making a
de novo determination of those portions of the Report and Recommendation 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 with instructions. See 28 U.S.C.
§ 636(b)(1).
Neither party has filed objections to the Report and Recommendation. 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 reviews only for clear error in the absence of an objection. See Diamond
v. Colonial Life & Accident Ins. Co., 416 F.3d 310 (4th Cir. 2005) (stating that “in the absence of a
timely filed objection, a district court need not conduct 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).
After a thorough review of the record in this case, the Court finds no clear error.
Accordingly, the Report and Recommendation of the Magistrate Judge is adopted and incorporated
by reference. Therefore, it is
ORDERED that the Commissioner’s decision is REVERSED and that the matter is
REMANDED to the Commissioner under sentence four of 42 U.S.C. § 405(g).
IT IS SO ORDERED.
s/ R. Bryan Harwell
R. Bryan Harwell
United States District Judge
July 2, 2013
Florence, South Carolina
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