Wade v. Commissioner of Social Security Administration
Filing
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ORDER RULING ON REPORT AND RECOMMENDATION adopting 21 Report and Recommendation, Signed by Honorable Donald C Coggins, Jr on 5/23/19. (jsmi, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Michael Kitt Wade,
)
)
Plaintiff,
)
)
v.
)
)
Nancy A. Berryhill, Acting Commissioner )
of Social Security Administration,
)
)
Defendant. )
________________________________ )
C/A No. 8:18-736-DCC
OPINION AND ORDER
Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) seeking judicial
review of the final decision of the Commissioner of Social Security (“Commissioner”)
denying his claim for Disability Insurance Benefits. In accordance with 28 U.S.C. § 636(b)
and Local Civil Rule 73.02 (D.S.C.), this matter was referred to a United States Magistrate
Judge for pre-trial handling. The Magistrate Judge issued a Report and Recommendation
(“Report”) on April 15, 2019, recommending that the Court reverse the decision of the
Commissioner and remand for further proceedings. ECF No. 21. Neither party filed
objections to the Report.
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 this Court. Mathews v. Weber, 423 U.S. 261, 270–71 (1976).
The Court is charged with making a de novo determination of only those portions of the
Report that have been specifically objected to, and the Court may accept, reject, or modify
the Report, in whole or in part. 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) (“[I]n the absence of a timely
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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 to 1983
addition)).
Having reviewed the record, the applicable law, and the findings and
recommendations of the Magistrate Judge, the Court finds no clear error and adopts the
Report by reference in this Order. Therefore, the Commissioner’s decision is REVERSED
and the Court remands this matter to the Commissioner pursuant to sentence four of 42
U.S.C. § 405(g).
IT IS SO ORDERED.
s/ Donald C. Coggins, Jr.
United States District Judge
May 23, 2019
Spartanburg, South Carolina
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