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Merkey v. Berryhill, 4:17-cv-977-TMC. (2018)

Court: District Court, D. South Carolina Number: infdco20180530f85 Visitors: 8
Filed: May 29, 2018
Latest Update: May 29, 2018
Summary: ORDER TIMOTHY M. CAIN , District Judge . Plaintiff, Randal Lee Merkey, 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") 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 Jud
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ORDER

Plaintiff, Randal Lee Merkey, 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") 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. 20). In his Report, the magistrate judge recommends the Commissioner's final decision be affirmed. (ECF No. 20 at 24). Plaintiff has filed a response to the Report in which he states that he does not intend to file any objections to the Report. (ECF No. 22).

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 & 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. 20), which is incorporated herein by reference. Accordingly, the Commissioner's final decision denying benefits is AFFIRMED.

IT IS SO ORDERED.

Source:  Leagle

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