Vieira v. Commissioner of Social Security

Background

Jennifer Vieira brought an action under 42 U.S.C. § 405(g) challenging the Commissioner of Social Security’s decision denying her application for disability insurance benefits. Vieira had been represented by counsel before the Social Security Administration but represented herself in this federal case.

The Commissioner asked for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), a motion asking the court to decide the case based on the parties’ existing pleadings. Magistrate Judge Barbara C. Moses issued a Report and Recommendation recommending that the Commissioner’s motion be granted. Vieira received an extension and filed an objection.

Review of the Recommendation

The district court explained that specific, timely objections to a magistrate judge’s recommendation receive fresh review. But when objections are general, conclusory, or merely repeat earlier arguments, the district court reviews the recommendation for clear error, meaning an obvious mistake in the record or reasoning.

Vieira’s objection only asked the court to “revisit” her claim. She did not identify any fact that the recommendation overlooked or misunderstood, or any legal conclusion that she believed was wrong. The court therefore reviewed the recommendation for clear error.

Ruling

Judge Ramos stated that he had carefully reviewed Judge Moses’s recommendation and found no error, clear or otherwise. The court adopted the recommendation in its entirety, granted the Commissioner’s Rule 12(c) motion, directed the Clerk of Court to enter judgment, terminated the motion, and closed the case.

The opinion does not set out the underlying factual or legal analysis contained in the recommendation, so this summary cannot describe the specific reasons the Commissioner’s decision was upheld.