Prosa v. Commissioner of Social Security

Background

Nicole M. Prosa filed this action seeking review of the Social Security Administration’s denial of her application for disability benefits. Prosa moved for judgment on the pleadings, which asks the court to decide the case based on the parties’ filed pleadings. The Commissioner of Social Security filed a cross-motion for the same type of judgment.

Report and Recommendation

The case was referred to a magistrate judge for pretrial management and recommendations on motions that could resolve the case. Magistrate Judge Willis recommended granting Prosa’s motion, denying the Commissioner’s cross-motion, and remanding the matter to the Social Security Administration for additional proceedings. The parties had fourteen days to object but neither party objected.

Because there were no objections, the district court reviewed the recommendation for clear error on the face of the record. The court stated that clear error exists when the reviewing court is firmly convinced that a mistake was made. After reviewing the recommendation, the court found no clear error.

Ruling

The court adopted the report and recommendation in full. Prosa’s motion for judgment on the pleadings was granted; the Commissioner’s cross-motion for judgment on the pleadings was denied; and the case was remanded to the Social Security Administration for additional proceedings. The Clerk was directed to enter judgment for Prosa, terminate all open motions, and close the case.

The court also ruled that, because the parties had been warned about the consequences of failing to object, their failure to object precluded appellate review of this decision.