Phillips v. Commissioner of the Social Security Administration

Filing 27

ORDER RULING ON REPORT AND RECOMMENDATION adopting 24 Report and Recommendation, Signed by Honorable Mary Geiger Lewis on 1/7/19. (jsmi, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
ANDERSON/GREENWOOD DIVISION
MELISSA PHILLIPS,
Plaintiff,
vs.
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
Defendant.

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CIVIL ACTION NO.8:17-02423-MGL

ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND AFFIRMING DEFENDANT’S FINAL DECISION DENYING BENEFITS
This is a Social Security appeal in which Plaintiff Melissa Phillips (Phillips) seeks judicial
review of the final decision of Defendant Nancy A. Berryhill (Berryhill) denying her 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 Phillip’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).