Candelaria v. Berryhill

Background

Carl J. Candelaria and the Commissioner of Social Security filed cross-motions for judgment on the pleadings, meaning each asked the court to rule based on the existing pleadings rather than hold a trial. The motions concerned the Commissioner’s decision denying Candelaria benefits. The motions were referred to Magistrate Judge Cave for a report and recommendation.

In an amended report and recommendation dated February 14, 2020, Magistrate Judge Cave recommended that the court grant Candelaria’s motion only on the issue of the administrative law judge’s failure to develop the record concerning Candelaria’s liver condition, deny the Commissioner’s motion, vacate the benefits decision, and remand the matter to the agency for further proceedings.

Review of the Recommendation

The court explained that it reviews objections to a magistrate judge’s recommendation under a more searching standard, while portions without timely objections are reviewed for clear error. The amended recommendation gave the parties fourteen days to object and warned that failing to object would waive objections and appellate review. No objections or requests for more time were filed.

Even without objections, the court reviewed the motions and the amended recommendation. It found the recommendation well reasoned and supported by the facts and law. The court specifically found that the administrative law judge plainly erred by failing to acknowledge relevant evidence about Candelaria’s liver condition and by failing to develop the record through additional requests for records concerning his albumin test results.

Ruling

Judge Furman adopted the amended report and recommendation in its entirety. The Commissioner’s motion was denied. Candelaria’s motion was granted as to the administrative law judge’s failure to develop the record concerning Candelaria’s liver condition. The case was remanded to the Social Security Administration for further proceedings consistent with the order.

The parties were ordered to confer about attorney’s fees. If they could not agree, Candelaria was directed to apply to Magistrate Judge Cave for fees and other expenses within thirty days, with deadlines for opposition and reply. The court certified that any appeal would not be taken in good faith and therefore denied permission to proceed without paying filing fees for an appeal. The clerk was directed to terminate the two motion entries and close the case.