Rosario v. Saul

Background

Gloria Maria Rosario brought an action under 42 U.S.C. § 405(g) seeking review of the Commissioner of Social Security’s final decision denying her application for Disability Insurance Benefits. The parties filed cross-motions for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), a procedure asking the court to decide the case based on the pleadings and the applicable law.

Report and Recommendation

Magistrate Judge Barbara C. Moses issued a Report and Recommendation on March 15, 2022. She recommended that the Commissioner’s motion be denied and that Rosario’s motion be granted. The recommendation advised the parties that they had fourteen days after service to object and that failing to object would waive the right to object.

The court later clarified that objections were due March 29, 2022, and should be directed to Judge Cronan. No objections were filed, and the objection period expired. The court therefore stated that the parties had waived their right to object to the recommendation or obtain appellate review of it.

Ruling

Despite the waiver, Judge Cronan conducted a de novo review, meaning an independent review, of the Report and Recommendation. He found it well reasoned and its conclusions well founded. The court adopted the Report and Recommendation in its entirety. Accordingly, the Commissioner’s motion was denied and Rosario’s motion was granted. The opinion does not state in this order whether the result included a remand or an award of benefits.