Summary
In Jenkins, the court merely quoted portions of the ALJ's decision in which the ALJ characterized treatment such as "steroid medication, epidural injections, application of TENS equipment, or enrollment in physical therapy or a pain management program," as "aggressive.
Summary of this case from Pratt v. ColvinOpinion
No. 5:08-CV-248-D(3).
January 16, 2009
ORDER
On December 16, 2008, Magistrate Judge Webb issued a Memorandum and Recommendation ("M R"). In that M R, Judge Webb recommended that plaintiff's motion for judgment on the pleadings be granted, defendant's motion for judgment on the pleadings be denied, and defendant's final decision denying the request for benefits be reversed and remanded to permit the Administrative Law Judge to make specific findings regarding the treating physician's opinion in the Physician Authorization for Certification and Treatment Form. No objections to the M R have been filed.
"The Federal Magistrates Act requires a district court to make a de novo determination of those portions of the [magistrate judge's] report or specified proposed findings or recommendations to which objection is made." Diamond v. Colonial Life Acc. Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005) (quotation omitted, emphasis removed, and alteration in original). Absent a timely 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."Id. (quotation omitted).
The court has reviewed the M R, the record, and the briefs. The court is satisfied that there is no clear error on the face of the record. Plaintiffs motion for judgment on the pleadings is GRANTED, defendant's motion for judgment on the pleadings is DENIED, and the action is REVERSED and REMANDED to the Commissioner.
SO ORDERED.