IN THE UNITED STATES DISTRICT COURT DISTRICT OF SOUTH CAROLINA Tiffany Nicole Dover, ) Plaintiff, ) Civil Action No.9:19-1030-RMG VS. ) ) Andrew M. Saul, ) Commissioner of Social Security, ) ORDER Defendant. a)

Plaintiff brought this action pursuant to

(g) to obtain relief from the final decision of the Commissioner of the Social Security Administration denying her disability benefits. In accord with

(b) and Local Civil Rule 73.02 DSC, this matter was referred to a United States Magistrate Judge for pretrial handling. The Magistrate Judge issued a Report and Recommendation (“R & R”) on January 30, 2030, finding that the jobs identified by the Vocational Expert as consistent with her RFC were not in conflict with the DOT and recommending that the Commissioner’s decision be affirmed. (Dkt. No. 18). Plaintiff 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,

(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.

(b)(1).

-|-

The role of the federal judiciary in the administrative scheme of the Social Security Act is a limited one. Section 405(g) of the Act provides that “[t]he findings of the Commissioner of Social Security as to any fact, if supported by substantial evidence, shall be conclusive.”

(g). “Substantial evidence has been defined innumerable times as more than a scintilla, but less than preponderance.” Thomas v. Celebrezze,

(4th Cir. 1964). This standard precludes de novo review of factual circumstances that substitutes the Court’s findings for those of the Commissioner. Vitek v. Finch,

(4th Cir. 1971). Although the federal court’s review role is limited, “it does not follow, however, that the findings of the administrative agency are mechanically accepted. The statutorily granted right of review contemplates more than an uncritical rubber stamping of the administrative action.” Flack v. Cohen,

(4th Cir. 1969). “[T]he courts must not abdicate their responsibility to give careful scrutiny to the whole record to assure that there is a sound foundation for the [Commissioner’s] findings.” Vitek,

. Discussion The Magistrate Judge, in a comprehensive and well-reasoned R & R, addressed each of the issues now the subject of Plaintiffs objections and concluded that the Commissioner’s final decision complied with controlling legal standards and was supported by substantial evidence. A review of the full record makes clear that there is substantial evidence in the record to support the findings of the Administrative Law Judge. Under such circumstances, the Court is obligated to affirm the decision of the Commissioner. Therefore, the Court ADOPTS the R & R of the Magistrate Judge (Dkt. No. 18) as the order of this Court and AFFIRMS the decision of the Commissioner.

-2-

AND IT IS SO ORDERED. Con Richard Mark Ger United States District Judge

February 1B 2019 Charleston, South Carolina

-3-