Beard v. Commissioner of Social Security Administration
ORDER adopting 22 Report and Recommendation. The decision of the Commissioner of Social Security is reversed pursuant to sentence four of 42 U.S.C. § 405(g), and this case is remanded to the Commissioner for further administrative action. Signed by Honorable Bruce Howe Hendricks on 12/5/2017.(abuc)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
James Edward Beard, Jr.,
Nancy A. Berryhill,
Acting Commissioner of the
Social Security Administration,
Civil Action No. 8:16-cv-3223-BHH
This matter is before the Court on Plaintiff James Edward Beard, Jr.’s (“Plaintiff”)
complaint filed pursuant to 42 U.S.C. § 405(g), seeking judicial review of the Commissioner
of Social Security’s final decision, which denied Plaintiff’s claim for social security
insurance benefits. The record includes the report and recommendation (“Report”) of a
United States Magistrate Judge, which was made in accordance with 28 U.S.C. §
636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(a), D.S.C. In the Report, which was filed on
November 29, 2017, the Magistrate Judge recommends that the Court reverse the
Commissioner’s decision pursuant to sentence four of 42 U.S.C. § 405(g) and remand the
case to the Commissioner for further administrative action as set forth in the Report. In a
notice filed on November 30, 2017, Defendant informed the Court that she will not be filing
objections to the Magistrate Judge’s Report.
The Magistrate Judge makes only a recommendation to the Court.
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 only of those portions of the Report to
which specific objections are 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). In the absence of specific
objections, the Court reviews the matter only for clear error. See Diamond v. Colonial Life
& Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (stating that “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.’”) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
Here, because no objections were filed, the Court has reviewed the record, the
applicable law, and the findings and recommendations of the Magistrate Judge for clear
error. Finding none, the Court hereby adopts and incorporates the Report (ECF No. 22).
Therefore, it is ORDERED that the decision of the Commissioner of Social Security is
reversed pursuant to sentence four of 42 U.S.C. § 405(g), and this case is remanded to
the Commissioner for further administrative action as set forth in the Report.
IT IS SO ORDERED.
s/Bruce H. Hendricks
The Honorable Bruce Howe Hendricks
United States District Judge
December 5, 2017
Charleston, South Carolina
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