Robinson v. Commissioner of Social Security Administration

Filing 21

ORDER adopting 17 Report and Recommendation. 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 7/5/2016.(abuc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION

Jonathan Robinson, Jr.,
Plaintiff,
v.
Carolyn W. Colvin, Acting Commissioner
of Social Security,
Defendant.

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Civil Action No. 6:15-1786-TMC

ORDER

Plaintiff Jonathan Robinson, Jr. (“Robinson”) 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 Disability Insurance 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 Civil
Rule 73.02 (D.S.C.). (ECF No. 17). In his Report, the magistrate judge recommends that the
Commissioner’s decision be reversed and remanded pursuant to sentence four of § 405(g) for
further proceedings consistent with the Report. Plaintiff has not filed any objections to the
Report, and on June 30, 2016, the Commissioner filed a notice of her intent not to file any
objections to the Report. (ECF No. 19).
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

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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 (ECF No. 17) 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.
IT IS SO ORDERED.

s/Timothy M. Cain
United States District Judge

July 5, 2016
Anderson, South Carolina

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