Donaldson v. Commissioner of the Social Security Administration

Filing 32

ORDER RULING ON 26 REPORT AND RECOMMENDATION: After a thorough and careful review of the record, the court adopts the Report of the Magistrate Judge ECF No. 26, 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. Signed by Honorable Timothy M Cain on 2/12/2018. (gnan, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ORANGEBURG DIVISION
Niurka Marcelo Donaldson,

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Plaintiff,
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v.
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Nancy A. Berryhill,
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Acting Commissioner of Social Security
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Administration,
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Defendant.
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___________________________________ )

Civil Action No. 5:17-cv-00136-TMC
ORDER

Plaintiff, Niurka Marcelo Donaldson, brought this action pursuant to 42 U.S.C. § 405(g)
seeking judicial review of a final decision of the Commissioner of Social Security
(“Commissioner”) denying her claim for Supplemental Security Income (“SSI”) pursuant to the
Social Security Act. (ECF No. 1). 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(b)(1)(B) and Local Civil Rule 73.02(B)(2)(a) (D.S.C.). (ECF No. 26). 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. (ECF No. 26). Specifically,
the Magistrate Judge determined that the Administrative Law Judge (“ALJ”) should further review
and evaluate the medical opinions (ECF No. 26 at 20), consider all of Plaintiff’s mental
impairments on her residual functional capacity (ECF No. 26 at 26), and further explain his
credibility analysis (ECF No. 26 at 33). Plaintiff has not filed objections to the Report. On February
7, 2018, the Commissioner filed a notice of her intent not to file any objections to the Report. (ECF
No. 28). However, Defendant does not concede that her administrative decision denying benefits
to Plaintiff was not substantially justified. (ECF No. 28).

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, 270-71 (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 & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir.
2005).
After a thorough and careful review of the record, the court adopts the Report of the
Magistrate Judge (ECF No. 26), 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. 26).
IT IS SO ORDERED.

s/Timothy M. Cain
Timothy M. Cain
United States District Judge
Anderson, South Carolina
February 12, 2018