Nazario v. Kilolo Kijakazi

Background

Angela Bencebi Nazario brought this action under Section 405(g) of the Social Security Act, which allows judicial review of a final decision by the Social Security Commissioner. She challenged the Commissioner’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 under Federal Rule of Civil Procedure 12(c). She asked the court to reverse the Commissioner’s decision and remand the matter solely for calculation and payment of benefits or, alternatively, remand it for a new hearing. The Commissioner filed a cross-motion for judgment on the pleadings, asking the court to affirm the decision.

Report and Recommendation

Magistrate Judge Robert W. Lehrburger recommended granting Nazario’s motion and denying the Commissioner’s cross-motion. Neither Nazario nor the Commissioner objected to the recommendation.

When no timely objection is filed, the district court reviews the recommendation for clear error on the face of the record. The court stated that it had carefully reviewed Judge Lehrburger’s report and found no such error. It also stated that the failure to object waived appellate review of the recommendation.

Ruling

The court adopted the report in full. It granted Nazario’s motion and denied the Commissioner’s cross-motion. The Clerk of Court was directed to strike the entry at docket number 25, terminate the motions pending at docket numbers 18 and 21, and close the case.

The amended opinion’s conclusion does not separately state whether the court ordered calculation and payment of benefits or a new hearing; it states only that Nazario’s motion was granted and the Commissioner’s cross-motion was denied.