Rosario v. Commissioner of Social Security

Background

Zuleika A. Rosario brought this case under federal Social Security judicial-review provisions, 42 U.S.C. §§ 405(g) and 1383(c)(3), challenging the Commissioner of Social Security’s decision denying her application for disability insurance benefits. The opinion identifies Rosario as proceeding without a lawyer. The court had previously granted her request to proceed without paying the filing fee.

The Commissioner filed a brief supporting judgment on the pleadings and served Rosario with that brief. A magistrate judge ordered Rosario to respond and warned that the court could resolve the claims using the Commissioner’s brief alone if she did not respond. Rosario did not file a response, and the matter was deemed fully briefed.

Report and Recommendation

The case was later reassigned to Magistrate Judge Gary R. Jones. He issued a Report and Recommendation recommending that the Commissioner be granted judgment on the pleadings and that the case be dismissed. The parties were given fourteen days to file written objections, but no objections were filed.

When no timely objection is filed, the district court may adopt the magistrate judge’s recommendations if the record shows no clear error. Judge Ramos stated that he reviewed Judge Jones’s thorough recommendation and found no error, clear or otherwise.

Ruling

Judge Edgardo Ramos adopted the Report and Recommendation. The court granted the Commissioner’s motion for judgment on the pleadings. The opinion does not restate the recommendation’s detailed reasoning about the disability-benefits decision.

The court also certified under 28 U.S.C. § 1915(a)(3) that an appeal from the order would not be taken in good faith. It therefore denied Rosario permission to proceed without paying fees for purposes of an appeal and directed the clerk to close the case.