Grosso v. Acting Commissioner of Social Security

Background

Timothy Grosso brought this action under 42 U.S.C. § 405(g), which allows judicial review of a final Social Security decision. The Commissioner had denied Grosso’s claim for disability benefits for the period from November 5, 2011, through June 30, 2018.

Grosso argued that the Commissioner’s decision should be sent back for further proceedings because it was not supported by substantial evidence, meaning sufficient evidence in the record, and because it did not properly evaluate his credibility. His arguments concerned physical limitations he incurred during his former employment as a police officer.

Motions and Report

Grosso and the Commissioner each moved for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), asking the court to decide the case based on the parties’ written submissions. The matter was referred to Magistrate Judge Jennifer E. Willis.

Judge Willis recommended granting Grosso’s motion and denying the Commissioner’s motion. She recommended that the Commissioner’s final decision be remanded to an Administrative Law Judge for further proceedings. The parties had fourteen days to file written objections, but neither party filed objections.

Ruling

Judge Ramos reviewed the report and recommendation and found no error, including no clear error in the portions to which the parties had not objected. The court adopted the report and recommendation in its entirety, granted Grosso’s motion for judgment on the pleadings, and denied the Commissioner’s motion for judgment on the pleadings.

The result was a remand of the Commissioner’s final decision to an Administrative Law Judge for further proceedings. The court also stated that the parties’ failure to file written objections precluded appellate review of the decision and directed the Clerk of Court to terminate the two motions.