Hamby v. Commissioner of the Social Security Administration, No. 4:2019cv01249 - Document 20 (D.S.C. 2020)

Court Description: OPINION AND ORDER RULING ON REPORT AND RECOMMENDATION: The Court adopts theReport by reference in this Order. Therefore, the Commissioner's decision is AFFIRMED. Signed by Honorable Donald C Coggins, Jr on 7/15/2020. (prou, )

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Hamby v. Commissioner of the Social Security Administration 4:19-cv-01249-DCC Date Filed 07/15/20 Entry Number 20 Page 1 of 2 Doc. 20 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF SOUTH CAROLINA Robert Hamby, ) ) Plaintiff, ) ) v. ) ) Andrew M. Saul, Commissioner of ) Social Security Administration, ) ) Defendant. ) ________________________________ ) C/A No. 4:19-cv-001249-DCC OPINION AND ORDER Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g) seeking judicial review of the final decision of the Commissioner of Social Security (“Commissioner”) denying his claim for Disability Insurance Benefits and Supplemental Security Income. In accordance with 28 U.S.C. § 636(b) and Local Civil Rule 73.02 (D.S.C.), this matter was referred to a United States Magistrate Judge for pre-trial handling. The Magistrate Judge issued a Report and Recommendation (“Report”) on June 3, 2020, recommending that the Court affirm the decision of the Commissioner. ECF No. 16. Neither party filed objections to the Report. The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with this Court. Mathews v. Weber, 423 U.S. 261, 270–71 (1976). The Court is charged with making a de novo determination of only those portions of the Report that have been specifically objected to, and the Court may accept, reject, or modify the Report, in whole or in part. 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) (“[I]n the absence of a timely 1 Dockets.Justia.com 4:19-cv-01249-DCC Date Filed 07/15/20 Entry Number 20 Page 2 of 2 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 to 1983 addition)). Having reviewed the record, the applicable law, and the findings and recommendations of the Magistrate Judge, the Court finds no clear error and adopts the Report by reference in this Order. Therefore, the Commissioner’s decision is AFFIRMED. IT IS SO ORDERED. s/ Donald C. Coggins, Jr. United States District Judge July 15, 2020 Spartanburg, South Carolina 2

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