Dill v. Commissioner of Social Security Administration

Filing 20

ORDER RULING ON 16 REPORT AND RECOMMENDATION The Commissioner's final decision denying benefits is reversed and this case is remanded for further administrative action. Signed by Honorable Timothy M Cain on 09/04/2018. (egra, )

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

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Plaintiff,
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v.
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Nancy A. Berryhill, Acting Commissioner )
Of Social Security,
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Defendant.
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___________________________________ )

C/A No. 9:17-cv-1576-TMC
ORDER

Plaintiff, David Dill, brought this action pursuant to 42 U.S.C. § 405(g) seeking judicial
review of a final decision of the Commissioner of Social Security (“Commissioner”) denying his
claim for Disability Insurance Benefits (“DIB”) pursuant to the Social Security Act. (ECF No.
1). This matter is before the court for review of the Report and Recommendation (“Report”) of
the United States Magistrate Judge, made in accordance with 28 U.S.C. § 636(b)(1)(B) and
Local Civil Rule 73.02(B)(2)(a) (D.S.C.). (ECF No. 16). In his Report, the magistrate judge
recommends the Commissioner’s final decision be reversed and this case be remanded. (ECF
No. 16 at 15). The Commissioner has filed a response to the Report in which she states that she
does not intend to file any objections to the Report. (ECF No. 17).
The Report has no presumptive weight and the responsibility to make a final
determination in this matter remains with this court. See Mathews v. Weber, 423 U.S. 261, 27071 (1976). In the absence of objections, this court is not required to provide an explanation for
adopting the Report. See Camby v. Davis, 718 F.2d 198, 199 (4th Cir. 1983). Rather, “in 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).
After a thorough and careful review of the record, the court adopts the Report of the
Magistrate Judge (ECF No. 16), which is incorporated herein by reference. Accordingly, the
Commissioner’s final decision denying benefits is REVERSED and this case is REMANDED
for further administrative action consistent with the Report.
IT IS SO ORDERED.

s/Timothy M. Cain
United States District Judge
Anderson, South Carolina
September 4, 2018

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