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Raymond v. Astrue

United States District Court, D. South Carolina
Mar 10, 2009
Civil Action No. 2:08-974-SB (D.S.C. Mar. 10, 2009)

Summary

adopting Report and Recommendation of magistrate judge

Summary of this case from Swofford v. Astrue

Opinion

Civil Action No. 2:08-974-SB.

March 10, 2009


ORDER


This matter is before the Court on the Plaintiff's action for judicial review, pursuant to Section 205(g) of the Social Security Act, as amended ( 42 U.S.C. § 405(g)), of a final decision of the Commissioner of Social Security, which denied the Plaintiff's claim for disability insurance benefits. The record includes a report and recommendation ("R R") of a United States Magistrate Judge, made in accordance with 28 U.S.C. § 636(b)(1)(B) and Local Rule 73.02(B)(2)(a). In the R R, filed on February 18, 2009, the Magistrate Judge recommends that the Commissioner's decision be reversed pursuant to sentence four of 42 U.S.C. § 405(g) and 1383(c)(3), and that the case be remanded to the Commissioner for consideration of the new evidence, a proper determination of the Plaintiff's residual functional capacity, and continuation of the sequential evaluation process if necessary. In a notice filed on February 25, 2009, the Defendant informed the Court that he will not file objections to the R R. Likewise, the Court has not received any objections from the Plaintiff.

Absent timely objection from a dissatisfied party, a district court is not required to review, under a de novo or any other standard, a Magistrate Judge's factual or legal conclusions. Thomas v. Arn, 474 U.S. 140, 150 (1985). Here, because no objections were filed, the Court need not conduct a de novo review of any portion of the R R. Accordingly, the Court hereby adopts the Magistrate Judge's R R as the Order of the Court, and it is

ORDERED that the decision of the Commissioner of Social Security is reversed pursuant to sentence four of 42 U.S.C. § 405(g), and the case is remanded to the Commissioner for further action as set forth in the R R.

IT IS SO ORDERED.


Summaries of

Raymond v. Astrue

United States District Court, D. South Carolina
Mar 10, 2009
Civil Action No. 2:08-974-SB (D.S.C. Mar. 10, 2009)

adopting Report and Recommendation of magistrate judge

Summary of this case from Swofford v. Astrue
Case details for

Raymond v. Astrue

Case Details

Full title:Debbie Raymond, Plaintiff, v. Michael J. Astrue, Commissioner of Social…

Court:United States District Court, D. South Carolina

Date published: Mar 10, 2009

Citations

Civil Action No. 2:08-974-SB (D.S.C. Mar. 10, 2009)

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