Summary
finding the ALJ erred by providing a conclusory statement that the evidence was inconsistent with the VA rating decision related to the claimant's PTSD
Summary of this case from Dodson v. Nancy Sec.Opinion
Civil Action No.:1:12-cv-03472-JMC
02-04-2014
Odell Cobbs, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security Administration, Defendant.
ORDER
This matter is before the court for a review of the magistrate judge's Report and Recommendation ("Report"), [ ECF No. 24], filed on January 13, 2014, recommending that the decision of the Commissioner of Social Security ("the Commissioner") denying Plaintiff's claim for Disability Insurance Benefits ("DIB") be reversed, pursuant to sentence four of 42 U.S.C. § 405(g), and remanded to the Commissioner for administrative action consistent with the magistrate judge's recommendation. The Report sets forth the relevant facts and legal standards which this court incorporates herein without a recitation.
The magistrate judge's Report and Recommendation is made in accordance with 28 U.S.C. § 636(b)(1) and Local Civil Rule 73.02 for the District of South Carolina. The magistrate judge makes only a recommendation to this court. The recommendation has no presumptive weight. The responsibility to make a final determination remains with this court. See Mathews v. Weber, 423 U.S. 261, 270-71 (1976). The court is charged with making a de novo determination of those portions of the Report and Recommendation to which specific objections are made, and the court may accept, reject, or modify, in whole or in part, the magistrate judge's recommendation or recommit the matter with instructions. See 28 U.S.C. § 636(b)(1).
Defendant does not intend to file objections to the Report. See Defendant's Notice of Not Filing Objections to the Report and Recommendation of Magistrate Judge [ECF No. 26]. Further, Plaintiff has not filed objections to the Report.
In the absence of objections to the magistrate judge's Report and Recommendation, this court is not required to provide an explanation for adopting the recommendation. 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) (quoting Fed. R. Civ. P. 72 advisory committee's note). Furthermore, failure to file specific written objections to the Report and Recommendation results in a party's waiver of the right to appeal from the judgment of the District Court based upon such recommendation. 28 U.S.C. § 636(b)(1); Thomas v. Arn, 474 U.S. 140 (1985); Wright v. Collins, 766 F.2d 841 (4th Cir. 1985); United States v. Schronce, 727 F.2d 91 (4th Cir. 1984).
After a thorough and careful review of the record, the court finds the magistrate judge's Report provides an accurate summary of the facts and law in the instant case. The court ACCEPTS the magistrate judge's Report and Recommendation. [ECF No. 24] and incorporates it herein by reference. For the reasons set out in the Report, the Commissioner's final decision is REVERSED and REMANDED for further proceedings consistent with the magistrate judge's recommendation.
IT IS SO ORDERED.
__________
United States District Judge
February 4, 2014
Greenville, South Carolina