Hernandez v. Commissioner of Social Security

Background

The court considered Magistrate Judge Judith C. McCarthy’s December 16, 2022 Report and Recommendation. The parties had filed cross-motions for judgment on the pleadings under Federal Rule of Civil Procedure 12(c), asking the court to decide the case based on the pleadings and existing record.

Judge McCarthy recommended denying Chadsity Jade Hernandez’s motion and granting the Commissioner of Social Security’s cross-motion. The recommendation rested on four conclusions: the Administrative Law Judge fully developed the record; the Administrative Law Judge’s decision was supported by substantial evidence; the Administrative Law Judge could rely on the vocational expert’s opinion because it did not conflict with the Dictionary of Occupational Titles; and the Acting Commissioner lawfully ratified the appointments of the Administrative Law Judge and the Appeals Council under the Federal Vacancies Reform Act.

Court’s Review

The district court explained that it could accept, reject, or modify the magistrate judge’s recommendations. Because neither party objected to the Report and Recommendation, the court reviewed it and the underlying record for clear error. The court found no error, clear or otherwise.

Ruling

The court adopted the Report and Recommendation as its opinion. Judge Briccetti denied the plaintiff’s motion for judgment on the pleadings and granted the defendant’s cross-motion for judgment on the pleadings. The Clerk was directed to enter judgment accordingly and close the case.