Brown v. Commissioner of the Social Security Administration

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA FLORENCE DIVISION Charlene Anita Brown, ) ) Plaintiff, ) ) Civil Action No. 4:19-cv-0984-TMC v. ) ) ORDER Andrew M. Saul, Commissioner of ) Social Security Administration,1 ) ) Defendant. ) ___________________________________ ) Plaintiff Charlene Anita Brown 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”). (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 Commissioner’s decision be affirmed. Id. at 21–22. The magistrate judge notified the parties of their right to file an objection to the Report. (ECF No. 19-1). On May 19, 2020, Plaintiff filed notice with the court that she would not be filing objections to the Report. (ECF No. 20). Consequently, neither party has filed objections to the Report, and the time to do so has now run. 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 1 Andrew M. Saul became the Commissioner of the Social Security Administration on June 17, 2019. Pursuant to Fed. R. Civ. P. 25(d), Saul should be substituted for Nancy A. Berryhill. 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 under the appropriate standards as set forth above, 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 May 27, 2020