Gant v. Commissioner of the Social Security Administration

Filing 25

ORDER RULING ON REPORT AND RECOMMENDATION The Commissioners final decision is affirmed. Signed by Honorable Timothy M Cain on 02/29/2019. (cpeg, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
BEAUFORT DIVISION
Adrian Tileeka Gant,

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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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Administration,
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Defendant.
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___________________________________ )

Civil Action No. 9:17-cv-1873-TMC
ORDER

Plaintiff, Adrian Tileeka Gant, 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 her claim for Disability Insurance Benefits (“DIB”) and Supplemental Security Income
(“SSI”) 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.
19). The Report recommends that the court affirm the Commissioner’s decision denying Gant’s
claim for DIB and SSI benefits. Id. at 20. On January 3, 2019, Plaintiff, who is represented by
counsel, filed a notice of her intent not to file any objections to the Report. (ECF No. 23).
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, 270-71 (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 & Accident 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. 19), which is incorporated herein by reference. Accordingly, the
Commissioner’s final decision is AFFIRMED.
IT IS SO ORDERED.
s/Timothy M. Cain
Timothy M. Cain
United States District Judge
Anderson, South Carolina
February 29, 2019

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