Cabral v. Commissioner of Social Security

Background

Alfred K. Cabral, representing himself, asked the district court to review the Commissioner of Social Security’s final decision denying his application for Supplemental Security Income benefits. The court had referred the case to Magistrate Judge Kevin Fox for a report and recommendation.

The Commissioner moved for judgment on the pleadings and asked the court to remand the case for further development of the administrative record. The Commissioner acknowledged that the administrative law judge had not developed enough information to determine how Cabral’s substance abuse affected the evaluation of his psychiatric symptoms. The administrative law judge had found that, when Cabral was not engaged in substance abuse, his symptoms did not meet or equal the criteria for a listed impairment and he retained the capacity to perform certain light work. Cabral did not oppose the motion.

Report and Recommendation

Judge Fox recommended granting the Commissioner’s request for remand. He concluded that the administrative law judge had failed to develop the record and had not considered certain evidence. Because gaps in the record and legal errors prevented a reliable decision supported by substantial evidence, Judge Fox concluded that remand was appropriate.

The parties were given 24 days to object to the recommendation, with a warning that failing to object would waive further judicial review. Neither party filed an objection. The district court therefore reviewed the recommendation for clear error rather than conducting a fresh review of the disputed issues. The court found no error, including no clear error, in Judge Fox’s reasoning.

Ruling

Judge Paul G. Gardephe adopted Judge Fox’s report and recommendation in its entirety. The court granted the Commissioner’s motion for remand for further development of the administrative record, remanded the case to the Commissioner for further proceedings, directed the Clerk to terminate the motion, and closed the case.