Terra M. v. Dudek
- Nancy Brasel
- 0:23-cv-03849
- U.S. District Court · District of Minnesota
- 2
In Terra M. v. Dudek, Judge Brasel granted Terra M.’s brief, denied the Commissioner’s brief, and remanded the case to Social Security.
Terra M. and the Social Security Administration; the case must return to the Administration for further proceedings.
What happened
In Terra M. v. Dudek, Terra M. and the Acting Commissioner of Social Security asked the court to rule on their competing briefs about the agency’s administrative record.
No party objected to the magistrate judge’s report and recommendation. The district court therefore reviewed it for clear error and found none.
Judge Brasel accepted the recommendation, granted Terra M.’s brief, denied the Commissioner’s brief, and sent the matter back to the Social Security Administration for further proceedings. The court also denied Terra M.’s separate request to enter judgment as moot.
The detailed version
- Terra M. v. Dudek · No. 0:23-cv-03849
- Nancy Brasel
- Feb. 24, 2025
Background
Terra M. and the Acting Commissioner of Social Security filed competing briefs seeking judgment based on the administrative record. The court had received a report and recommendation from United States Magistrate Judge Douglas L. Micko. No party objected to that recommendation.
Court’s review
Because there were no objections, the court reviewed the report and recommendation for clear error, meaning an obvious mistake. The court found no clear error and accepted the report and recommendation.
Rulings
The court granted Terra M.’s brief seeking judgment on the administrative record. It denied the defendant’s brief seeking judgment on the administrative record. The court remanded the matter to the Social Security Administration under sentence four of 42 U.S.C. § 405(g) for proceedings consistent with the report and recommendation. The court denied Terra M.’s motion for entry of judgment as moot. The order does not describe the specific proceedings required on remand.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.