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finding that the "ALJ reasonably discredited [] IQ scores based on substantial contradictory evidence," including absence of "references to complaints about or findings of low intellectual functioning" in claimant's medical records
Summary of this case from Brown v. ColvinOpinion
Civil Action No. 5:14-cv-01152-JMC
08-25-2015
Wendy Satterwhite, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security Administration, Defendant.
ORDER
This matter is before the court for a review of United States Magistrate Judge Kaymani D. West's Report and Recommendation ("Report"), filed on July 16, 2015 (ECF No. 24), recommending that the decision of the Commissioner of Social Security (the "Commissioner") denying Plaintiff's claim for Disability Insurance Benefits and Supplemental Security Income be affirmed. The Report sets forth the relevant facts and legal standards which this court incorporates herein without a recitation.
The Magistrate Judge's Report 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, which 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 to which specific objections are made.
The parties were advised of their right to file objections to the Report by August 3, 2015. (See ECF No. 24.) Neither Plaintiff Wendy Satterwhite ("Plaintiff") nor the Commissioner filed any objections.
In the absence of objections to the Magistrate Judge's Report, 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 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).
After a thorough review of the Report and the record in this case, the court finds the Report provides an accurate summary of the facts and law. The court ADOPTS the Magistrate Judge's Report and Recommendation (ECF No. 24) and AFFIRMS the final decision of the Commissioner denying Plaintiff's claim for Disability Insurance Benefits and Supplemental Security Income pursuant to sentence four (4) of 42 U.S.C. § 405(g).
IT IS SO ORDERED.
/s/
United States District Judge
August 25, 2015
Orangeburg, South Carolina