Nazario v. Kilolo Kijakazi

Background

Angela Bencebi Nazario brought an action under the Social Security Act seeking review of the Commissioner of Social Security’s decision that she was not entitled to disability insurance benefits for the period from July 1, 2012, through December 3, 2013.

Nazario moved for judgment on the pleadings, asking the court to reverse the Commissioner’s decision and remand the case solely for calculation and payment of benefits or, alternatively, to order a new hearing. The Commissioner cross-moved for judgment on the pleadings and asked the court to affirm the decision.

Report and Recommendation

Magistrate Judge Robert W. Lehrburger recommended granting Nazario’s motion and denying the Commissioner’s motion. Because neither side objected, Judge Engelmayer reviewed the recommendation for clear error, meaning an obvious mistake on the face of the record. He stated that he found no such error and that the recommendation was thorough and well reasoned.

Ruling

The opinion contains a significant internal inconsistency. It states that the court adopted Magistrate Judge Lehrburger’s recommendation “in full,” which would favor Nazario. But the conclusion states: “the Court denies plaintiff’s motion and grants the Commissioner’s cross-motion.” The clerk was directed to terminate the pending motions and close the case. The opinion also states that the parties’ failure to object waived appellate review.

The stated conclusion is an affirmance of the Commissioner’s decision, but the opinion does not clearly explain how that conclusion is consistent with its statement that the recommendation was adopted in full.