Son v. Commissioner of Social Security Administration ( 2021 )

IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Joni Son, ) ) Plaintiff, ) Civil Action No. 2:21-779-RMG ) vs. ) ) Kilolo Kijakazi, Acting Commissioner ) of Social Security, ) ORDER ) Defendant. ) ) ____________________________________) This matter comes before the Court for judicial review of the final decision of the Acting Commissioner of Social Security denying Plaintiff’s application for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”). In accordance with 28 U.S.C. § 636(b) and Local Rule 73.02, D.S.C., this matter was referred to the United States Magistrate Judge for pretrial handling. The Magistrate Judge issued a Report and Recommendation (“R & R”) on November 15, 2021, recommending that the decision of the Commissioner be affirmed. (Dkt. No. 15). Plaintiff has filed no objections to the R & R. The Magistrate Judge makes only a recommendation to this Court. The recommendation has no presumptive weight, and the responsibility to make a final determination remains with the Court. Mathews v. Weber, 423 U.S. 261 (1976). The Court is charged with making a de novo determination of those portions of the R & R to which specific objection has been made, and may accept, reject, or modify, in whole or in part, the recommendation of the Magistrate Judge. 28 U.S.C. § 636(b)(1). The Court has reviewed the R & R and the record evidence and finds that the Magistrate -1- Judge has ably addressed the factual and legal issues in this matter. Therefore, the Court ADOPTS the Report and Recommendation as the order of this Court and AFFIRMS the decision of the Acting Commissioner. AND IT IS SO ORDERED. S/ Richard Mark Gergel Richard Mark Gergel United States District Judge Charleston, South Carolina December 2, 2021 -2-