Brown v. Commissioner of Social Security Administration
Filing
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ORDER RULING ON 15 REPORT AND RECOMMENDATION It is ordered that the Commissioner's decision is reversed and remanded for further proceedings. Signed by Honorable J Michelle Childs on 06/21/2018. (egra, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
Karan Veonka Brown,
Plaintiff,
v.
Nancy A. Berryhill, Acting Commissioner
of Social Security Administration,
Defendant.
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Civil Action No.: 9:17-cv-01441-JMC
ORDER
This matter is before the court for a review of the Magistrate Judge’s Report and
Recommendation (“Report”) (ECF No. 15), filed on May 18, 2018, recommending that the
decision of the Commissioner of Social Security to deny Plaintiff’s claim for Supplemental
Security Income be reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) for
further proceedings in accordance with the Report. The Report sets forth the relevant facts and
legal standards which this court incorporates herein without a recitation.
The Magistrate Judge’s Report and Recommendation is made in accordance with 28 U.S.C.
§ 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. 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 this court. See Mathews v. Weber, 423
U.S. 261, 270-71 (1976). The court reviews de novo only those portions of the Report and
Recommendation to which specific objections are filed. See Diamond v. Colonial Life & Acc. Ins.
Co., 416 F.3d 310, 315 (4th Cir. 2005). The court may accept, reject, or modify, in whole or in
part, the Magistrate Judge’s recommendation or recommit the matter with instructions. 28 U.S.C.
§ 636(b)(1).
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The parties were notified of their right to file objections. On May 17, 2018, the
Commissioner filed her Reply to the Report (ECF No. 17), providing notice that the agency would
not file objections to the Report. Plaintiff did not file any objections to the Report.
In the absence of objections to the Magistrate Judge’s Report and Recommendation, this
court is not required to provide an explanation for adopting the recommendation. See Camby v.
Davis, 718 F.2d 198, 199 (4th Cir. 1983). Instead, the court 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). Furthermore, failure to file specific written objections to the Report
and Recommendation results in a party’s waiver of the right to appeal from the judgment of the
District Court based upon such recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S.
140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d
91 (4th Cir. 1984).
After a careful review of the Report and the record in this case, the court does not find clear
error and ACCEPTS the Report (ECF No. 15). Therefore, the Commissioner’s decision is
reversed and remanded for further proceedings.
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IT IS SO ORDERED.
United States District Judge
June 21, 2018
Columbia, South Carolina
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