McFadden v. Commissioner of Social Security Administration
Filing
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ORDER RULING ON 36 REPORT AND RECOMMENDATION It is ordered that the decision of the Commissioner of Social Security is reversed pursuant to sentence four of 42 U.S.C. § 405(g), and this case is remanded to the Commissioner for further proceedings as set forth in the Report. Signed by Honorable Bruce Howe Hendricks on 08/13/2018. (egra, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF SOUTH CAROLINA
Zenaida I. McFadden,
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Plaintiff,
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v.
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Nancy A. Berryhill,
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Acting Commissioner of the
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Social Security Administration,
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Defendant.
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________________________________)
Civil Action No. 9:17-cv-2125-BHH
ORDER
This matter is before the Court on Plaintiff’s (“Plaintiff”) complaint filed pursuant to
42 U.S.C. § 405(g), seeking judicial review of the Commissioner of Social Security’s final
decision, which denied Plaintiff’s claim for disability insurance benefits. The record includes
the report and recommendation (“Report”) of a United States Magistrate Judge, which was
made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Civil Rule 73.02(B)(2)(a),
D.S.C. In the Report, which was filed on July 23, 2018, the Magistrate Judge recommends
that the Court reverse the Commissioner’s decision pursuant to sentence four of 42 U.S.C.
§ 405(g) and remand the case to the Commissioner for further consideration as set forth
in the Report. In a notice filed on August 6, 2018, Defendant informed the Court that she
will not be filing objections to the Magistrate Judge’s Report.
The Magistrate Judge makes only a recommendation to the Court.
The
recommendation has no presumptive weight, and the responsibility to make a final
determination remains with the Court. Mathews v. Weber, 423 U.S. 261 (1976). The Court
is charged with making a de novo determination only of those portions of the Report to
which specific objections are made, and the Court may accept, reject, or modify, in whole
or in part, the recommendation of the Magistrate Judge, or recommit the matter to the
Magistrate Judge with instructions. 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) (stating that “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.’”) (quoting Fed. R. Civ. P. 72 advisory committee’s note).
Here, because no objections were filed, the Court has reviewed the record, the
applicable law, and the findings and recommendations of the Magistrate Judge for clear
error. Finding none, the Court hereby adopts and incorporates the Report (ECF No. 36).
Therefore, it is ORDERED that the decision of the Commissioner of Social Security is
reversed pursuant to sentence four of 42 U.S.C. § 405(g), and this case is remanded to the
Commissioner for further proceedings as set forth in the Report.
IT IS SO ORDERED.
/s/Bruce H. Hendricks
The Honorable Bruce Howe Hendricks
United States District Judge
August 13, 2018
Charleston, South Carolina
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