Bonner v. Commissioner of Social Security Administration
ORDER RULING ON 14 REPORT AND RECOMMENDATION It is the judgment of the Court this matter is reversed and remanded for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). Signed by Honorable Mary Geiger Lewis on 08/18/2017. (egra, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
LAMONT T. BONNER,
NANCY A. BERRYHILL,
Acting Commissioner of Social Security,
CIVIL ACTION NO. 9:16-03445-MGL
ORDER ADOPTING THE REPORT AND RECOMMENDATION
AND REVERSING AND REMANDING THE MATTER FOR FURTHER PROCEEDINGS
This is a Social Security appeal in which Plaintiff seeks judicial review of the final decision
of Defendant denying his claim for Disability Insurance Benefits (DIB). 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 to the Court this matter be reversed and
remanded for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). The
Report was made in accordance with 28 U.S.C. § 636 and Local Civil Rule 73.02 for the District of
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).
The Magistrate Judge filed the Report on August 14, 2017. Defendant filed a reply on
August 17, 2017, stating she would decline filing objections to the Report. “[I]n 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.’” Diamond v. Colonial Life & Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005)
(quoting Fed. R. Civ. P. 72 advisory committee’s note). Moreover, a failure to object waives
appellate review. Wright v. Collins, 766 F.2d 841, 845-46 (4th Cir. 1985).
After a thorough review of the Report and the record in this case under the standard set forth
above, the Court adopts the Report and incorporates it herein. Therefore, it is the judgment of the
Court this matter is REVERSED AND REMANDED for further administrative proceedings under
sentence four of 42 U.S.C. § 405(g).
IT IS SO ORDERED.
Signed this 18th day of August, 2017, in Columbia, South Carolina.
s/ Mary Geiger Lewis
MARY GEIGER LEWIS
UNITED STATES DISTRICT JUDGE
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