Summary
finding that ALJ's conclusion that plaintiff was capable of performing past relevant work was not supported by substantial evidence where ALJ failed to explain how he credited and resolved conflicting statements between plaintiff's work history report and hearing testimony
Summary of this case from Hardy v. BerryhillOpinion
Civil Action No. 2:14-3334-TMC
02-11-2016
Shequita L. Malachi, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant.
ORDER
Plaintiff Shequita L. Malachi ("Malachi") brought this action under 42 U.S.C. § 405(g), seeking judicial review of a final decision of the Commissioner of Social Security ("Commissioner") denying her claim for supplemental security income benefits under the Social Security Act. 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) and Local Civil Rule 73.02(B)(2)(a), D.S.C. (ECF No. 17). The Report recommends that the Commissioner's decision be reversed and remanded, pursuant to sentence four of § 405(g), for further proceedings consistent with the Report. Id. Plaintiff has not filed any objections to the Report, and on February 11, 2016, the Commissioner filed a notice of her intent not to file any objections to the Report. (ECF No. 18).
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) (quoting Fed. R. Civ. P. 72 advisory committee's note).
After a thorough and careful review of the record, the court adopts the Report. (ECF No. 17). Accordingly, the Commissioner's final decision is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report.
IT IS SO ORDERED.
s/Timothy M. Cain
Timothy M. Cain
United States District Judge February 11, 2016
Anderson, South Carolina