Jeter v. Commissioner of the Social Security Administration

Filing 24

ORDER RULING ON 21 REPORT AND RECOMMENDATION It is ordered that the decision of the Commissioner is hereby reversed and remanded to the Commissioner for further proceedings. Signed by Honorable Patrick Michael Duffy on 12/29/2016. (egra, )

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Teresa A. Jeter, Plaintiff, vs. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant. ) C.A. #5:15-4562-PMD ) ) ) ) ORDER ) ) ) ) ) ) This social security case is before the Court upon the magistrate judge's recommendation that the decision of the Commissioner of the Social Security Administration be reversed with a remand of the cause to the Commissioner. The record includes a report and recommendation of the United States Magistrate Judge made in accordance with this Court's Order of Reference and 28 U.S.C. § 636(b)(1)(B). This Court is charged with conducting a de novo review of any portion of the magistrate judge's report 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(b)(1). However, absent prompt objection by a dissatisfied party, it appears that Congress did not intend for the district court to review the factual and legal conclusions of the magistrate judge. Thomas v. Arn, 474 U.S. 140 (1985). Additionally, any party who fails to file timely, written objections to the magistrate judge's report pursuant to 28 U.S.C. § 636(b)(1) waives the right to raise those objections at the appellate court level. United States v. Schronce, 727 F.2d 91 (4th Cir. 1984). No objections have been filed to the magistrate judge's report.1 1 On December 28, 2016, defendant through counsel filed a Notice of Not Filing Objections to the Report and Recommendation. A review of the record indicates that the magistrate judge's report accurately summarizes this case and the applicable law. Accordingly, the magistrate judge's report is incorporated into this Order. For the reasons articulated by the magistrate judge, the decision of the Commissioner is hereby reversed and remanded to the Commissioner for further proceedings. AND IT IS SO ORDERED. December 28, 2016 Charleston, South Carolina 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?