Ward v. Commissioner Social Security Administration
Filing
23
ORDER RULING ON REPORT AND RECOMMENDATION adopting 20 Report and Recommendation, Signed by Honorable Mary Geiger Lewis on 3/20/19. (jsmi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
GREENVILLE DIVISION
VERNON WARD,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.
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CIVIL ACTION 6:18-983-MGL
ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND AFFIRMING DEFENDANT’S FINAL DECISION DENYING BENEFITS
This is a Social Security appeal in which Plaintiff Vernon Ward (Ward) seeks judicial review
of the final decision of Defendant Nancy A. Berryhill (Berryhill) denying his claim for supplemental
security income. The parties are represented by excellent counsel. The matter is before the Court
for review of the Report and Recommendation (Report) of the United States Magistrate Judge
suggesting Berryhill’s final decision denying Ward’s claim be affirmed.
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 the Court.
Mathews v. Weber, 423 U.S. 261, 270 (1976). The Court is charged with making a de novo
determination of those portions of the Report 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. 28 U.S.C. § 636(b)(1).
The Magistrate Judge filed the Report on March 13, 2019; and Ward filed a reply on March
15, 2019, stating he would not be filing any objections. “[I]n 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). Moreover, a failure to object waives appellate review. Wright v.
Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case pursuant to the standard set
forth above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment
of the Court Berryhill’s final decision denying Ward’s claim is AFFIRMED.
IT IS SO ORDERED.
Signed this 20th day of March, 2019, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
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