Summary
finding an ALJ improperly found that the plaintiff could stand or walk for six hours total in an eight-hour workday, as "although the ALJ wrote a detailed opinion, what stands out in this case is the lack of any accepted medical opinion . . . The question then becomes: upon what exactly did the ALJ base his RFC findings?"
Summary of this case from Stallings v. SaulOpinion
Civil Action No. 2:14-100-TMC
08-14-2015
Maria Ledbetter, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security, Defendant.
ORDER
Plaintiff Maria Ledbetter ("Ledbetter") 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 disability insurance 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. 26). The Report recommends that the Commissioner's decision be reversed and remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings consistent with the Report. Id. Plaintiff has not filed any objections to the Report. On August 6, 2015, the Commissioner filed a notice of her intent not to file any objections to the Report (ECF No. 27).
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 of the Magistrate Judge which is incorporated herein by reference. The Commissioner's final decision is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further administrative review as set forth in the Report. (ECF No. 26).
IT IS SO ORDERED.
s/ Timothy M. Cain
United States District Judge
August 14, 2015
Anderson, South Carolina