Elliott v. Commissioner of the Social Security Administration
ORDER RULING ON REPORT AND RECOMMENDATION: The court adopts the Report of the Magistrate Judge. The Commissioner's final decision is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative review. Signed by Honorable Timothy M Cain on 9/22/2015. (gnan )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Gregory S. Elliott,
Carolyn W. Colvin, Acting
Commissioner of Social Security
Civil Action No. 5:14-3542-TMC
Plaintiff Gregory S. Elliott (“Elliott”) brought this action under 42 U.S.C. § 405(g),
seeking judicial review of a final decision of the Commissioner of Social Security
(“Commissioner”) denying his claim for Supplemental Security Income (“SSI”) benefits under
the Social Security Act.
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 and Local Civ. Rule 73.02 (D.S.C.). (ECF No. 21). The Report recommends that
the Commissioner’s decision be reversed and remanded pursuant to sentence four of § 405(g) for
further proceedings consistent with the Report. Id. Plaintiff has not filed any objections to the
Report, and on September 11, 2015, the Commissioner filed a notice of her intent not to file any
objections to the Report (ECF No. 23).
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, 27071 (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) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
After a thorough and careful review of the record, the court adopts the Report of the
Magistrate Judge which is incorporated herein by reference. The Commissioner’s final decision
is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further
administrative review as set forth in the Report. (ECF No. 21).
IT IS SO ORDERED.
s/Timothy M. Cain
United States District Judge
September 22, 2015
Anderson, South Carolina
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