Serrano v. Commissioner of Social Security

Background

Carmen Milagros Serrano brought this case under Section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking review of the Commissioner of Social Security’s April 25, 2022 decision denying her application for Supplemental Security Income benefits. Serrano moved for judgment on the pleadings, which asks the court to decide the case based on the existing pleadings and administrative record. The Commissioner filed a cross-motion for the same relief.

Report and Recommendation

Magistrate Judge Sarah L. Cave recommended denying Serrano’s motion and granting the Commissioner’s motion. The report stated that, although the record contained some conflicting medical opinions, the administrative law judge’s second decision finding that Serrano was not disabled and could perform certain work available in the national economy applied the correct legal standard and was supported by substantial evidence.

The parties were given 14 days to object to the report. Neither party filed an objection. As a result, the district court reviewed the report for clear error—an obvious mistake apparent from the record.

Ruling

Judge Oetken found no clear error and fully adopted Judge Cave’s report and recommendation. The court denied Serrano’s motion for judgment on the pleadings and granted the Commissioner’s motion for judgment on the pleadings. The clerk was directed to enter judgment accordingly, close those motions, and close the case.