Holloway v. Commissioner of Social Security Administration

Filing 14

ORDER RULING ON REPORT AND RECOMMENDATIONS for 11 Report and Recommendations, that this action is reversed pursuant to sentence four of 42 U.S.C. § 405(g) and is remanded to the Commissioner for further proceedings as stated herein and in the Magistrate Judge's Report. Signed by Honorable Joseph F Anderson, Jr on 4/12/11. (kmca)

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

Ricky G. Holloway,

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Plaintiff,
v.
Michael J. Astrue,
Commissioner of Social Security,
Defendant.
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C/A No. 8:10-1357-JFA-JDA

ORDER

This is an action brought by the plaintiff, Ricky G. Holloway, pursuant to sections 405(g) and
1383(c)(3) of the Social Security Act, as amended, to obtain judicial review of the final decision of
the Commissioner of the Social Security Administration (“Commissioner”) denying his claims for
Disability Insurance Benefits (“DIB”).
The Magistrate Judge assigned to this action1 has prepared a Report and Recommendation
wherein she suggests that the Commissioner’s decision to deny benefits should be reversed under
sentence four of 42 U.S.C. § 405(g), and remanded to the Commissioner further proceedings. The
Report sets forth in detail the relevant facts and standards of law on this matter and the court
incorporates such without a recitation.
The parties were advised of their right to file objections to the Report and Recommendation.
The plaintiff did not file objections. The Commissioner, however, filed a notice stating that he

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The Magistrate Judge’s review is made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule
73.02. The Magistrate Judge makes only a recommendation to this court. The recommendation has no presumptive
weight, and the responsibility to make a final determination remains with the court. Mathews v. Weber, 423 U.S. 261
(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 to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1).

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would not file objections to the Report. Thus, it appears the matter is ripe for review by this court.
After a careful review of the record, including the findings of the ALJ, the briefs from the
plaintiff and the Commissioner, and the Magistrate Judge’s Report, the court finds the Report
provides an accurate summary of the facts in the instant case and that the conclusions are proper.
The Magistrate Judge’s findings are hereby specifically incorporated herein by reference.
Accordingly, this action is reversed pursuant to sentence four of 42 U.S.C. § 405(g) and is
remanded to the Commissioner for further proceedings as stated herein and in the Magistrate Judge’s
Report.
IT IS SO ORDERED.

April 12, 2011
Columbia, South Carolina

Joseph F. Anderson, Jr.
United States District Judge

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