Del Rosario v. Commissioner of Social Security

Background

Luz Del Rosario sought review of the Commissioner of Social Security’s final decision denying her applications for Social Security Disability and Supplemental Security Income benefits. She alleged disability based on hypertension, diabetes, arthritis, asthma, bipolar disorder, and depression. After hearings, administrative law judge David Suna determined that she was not disabled under the Social Security Act. The Social Security Administration’s Appeals Council later denied review.

The parties filed cross-motions for judgment on the pleadings, which asks the court to decide the case based on the existing administrative record and the parties’ written arguments. Magistrate Judge Gary R. Jones issued a report and recommendation advising that Del Rosario’s motion be granted and that the case be remanded to the Commissioner for further proceedings.

Report and Recommendation

The report identified two problems with the administrative law judge’s decision. First, the administrative law judge did not address Del Rosario’s inability to maintain a regular schedule in light of the medical opinion evidence. Second, the decision did not address an examining physician’s conclusions about Del Rosario’s ability to interact with others, deal appropriately with stress, and maintain a regular schedule.

The parties did not file objections to the report. The court therefore reviewed the report for clear error and stated that it found no error, clear or otherwise.

Ruling

Judge Ramos adopted the report and recommendation in full. The court granted Del Rosario’s motion for judgment on the pleadings, denied the Commissioner’s cross-motion, and remanded the case for further proceedings consistent with the report. The court also stated that the parties’ failure to file written objections prevented appellate review of the decision. The Clerk was directed to terminate the motions, close the case, and enter judgment consistent with the order.