Brodie v. Commissioner of Social Security

Background

Larry Thomas Brodie, Jr. sought judicial review of the final decision of Andrew Saul, the Commissioner of Social Security. The Commissioner’s decision denied Brodie disability insurance benefits and supplemental security income under the Social Security Act because the Commissioner determined that Brodie was not disabled under the Act.

Motions

Brodie moved under Federal Rule of Civil Procedure 12(c) for judgment on the pleadings. He asked the court to reverse the Commissioner’s decision and remand the matter for further proceedings. The Commissioner filed a cross-motion under Rule 12(c), asking the court to affirm the Commissioner’s decision.

Report and Recommendation

The matter was referred to Robert W. Lehrburger, a United States magistrate judge. His August 25, 2020 Report and Recommendation advised the district court to grant the Commissioner’s motion, deny Brodie’s motion, and dismiss the case. The parties were given 14 days to object, but the court received no objections.

When no timely objection is made to a magistrate judge’s recommendation, the district court reviews the record for clear error. Judge Engelmayer stated that his review of the Report showed no facial error and adopted it without modification. The Report was incorporated into the court’s order, but its detailed merits analysis is not included in the supplied opinion text.

Disposition

The court denied Brodie’s motion for judgment on the pleadings and granted the Commissioner’s cross-motion for judgment on the pleadings. The Clerk of Court was directed to close the case. The court further stated that the parties’ failure to file written objections precluded appellate review of the decision.