Avery v. Commissioner of Social Security Administration
ORDER RULING ON 16 REPORT AND RECOMMENDATION. It is ordered that the decision of the Commissioner is affirmed. Signed by Honorable Donald C Coggins, Jr on 04/13/2018. (egra, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Naisah Unique Avery,
Nancy A. Berryhill, Acting Commissioner )
of Social Security Administration,
C/A No. 9:17-1362-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 her claim for Supplemental Security Income. 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 March 19, 2018, recommending that the Court affirm the
decision of the Commissioner. ECF No. 16. Neither party filed objections to the Report.
The Magistrate Judge makes only a recommendation to this Court.
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. 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 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, Commissioner’s decision is AFFIRMED.
IT IS SO ORDERED.
s/ Donald C. Coggins, Jr.
United States District Judge
April 13, 2018
Spartanburg, South Carolina
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