Smith v. Commissioner of Social Security Administration

Filing 17

ORDER RULING ON 13 REPORT AND RECOMMENDATION The Commissioners decision is reversed, and this case is remanded for further administrative action. Signed by Chief Judge Terry L Wooten on 06/29/2017. (egra, )

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

Qwendolyn Michelle Smith,

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Plaintiff,
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v.
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Nancy A. Berryhill,
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Acting Commissioner of Social Security,
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Defendant.
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____________________________________)

C/A No.: 9:16-cv-00843-TLW

ORDER

Plaintiff Qwendolyn Michelle Smith brought this action pursuant to 42 U.S.C. § 405(g),
seeking judicial review of the Commissioner of Social Security’s final decision denying Plaintiff’s
claims for disability insurance benefits and supplemental security income. ECF No. 1. This matter
is before the Court for review of the Report and Recommendation (R&R) filed by United States
Magistrate Judge Marchant, ECF No. 13, to whom this case was previously assigned pursuant to
the provisions of 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2), (D.S.C.). In the
R&R, the Magistrate Judge recommends the decision of the Commissioner be reversed and the
case remanded for further administrative action consistent with the R&R. The Commissioner filed
a notice that she did not object to the R&R, ECF No. 15, and no other objections were filed.
This Court is charged with conducting a de novo review of any portion of the Magistrate
Judge’s Report to which a specific objection is registered and may accept, reject, or modify, in
whole or in part, the recommendations contained in that Report. 28 U.S.C. § 636. In the absence
of objections to the R&R, this Court is not required to give any explanation for adopting the
recommendation. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983).
In light of the standard above, this Court has carefully reviewed the Magistrate Judge’s
R&R. Noting that no objections were received, the R&R is hereby ACCEPTED. For the reasons

articulated by the Magistrate Judge, the Commissioner’s decision is reversed, and this case is
remanded for further administrative action consistent with the R&R.
IT IS SO ORDERED.
s/Terry L. Wooten
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Terry L. Wooten
Chief United States District Judge
June 28, 2017
Columbia, South Carolina