Dejoie v. Acting Commissioner of Social Security

Background

Nancy Dejoie brought this action under 42 U.S.C. § 405(g), asking the district court to review the final decision denying her application for disability insurance benefits under the Social Security Act. The opinion states that Dejoie filed her initial claim on or about December 22, 2017; the application was initially denied on or about February 27, 2018; and she later requested a hearing before an administrative law judge. Dejoie was represented by counsel at the hearings. Administrative Law Judge Carlton denied the claim, and the Appeals Council denied further review on June 8, 2021. Dejoie then filed this action.

Dejoie moved for judgment on the pleadings, a request for the court to decide the case based on the administrative record and the parties’ written submissions. The Commissioner filed a cross-motion seeking the same type of relief. The case was referred to Magistrate Judge Judith C. McCarthy, who recommended denying Dejoie’s motion and granting the Commissioner’s motion.

Court’s review

The district court explained that when a party does not timely object to a magistrate judge’s report and recommendation, the court reviews the recommendation for clear error on the record. The opinion states that Dejoie did not file a timely objection, so the court applied that standard.

For disability insurance benefits, a claimant must show an inability to engage in substantial gainful activity because of a medically determinable physical or mental impairment that has lasted, or is expected to last, at least 12 months. The administrative law judge uses a five-step process that considers work activity, severe impairments, listed impairments, the claimant’s ability to perform past work, and the ability to perform other work.

Ruling

Judge Nelson S. Roman adopted Magistrate Judge McCarthy’s report and recommendation in its entirety. The court found no clear error and concluded that substantial evidence in the administrative record supported the administrative law judge’s determination that Dejoie did not have an impairment or combination of impairments meeting the statutory definition of disability.

The court denied Dejoie’s motion for judgment on the pleadings and granted the Commissioner’s motion for judgment on the pleadings. It directed the clerk to enter judgment in favor of the Commissioner, terminate the motions at docket entries 10 and 13, and close the case.