Nicole Romancho v. Commissioner of Social Security Administration

Summary

The United States District Court for the District of Arizona adopted the magistrate judge's Report and Recommendation because no objections were filed and the recommendations were not clearly erroneous. The court remanded the case to the administrative law judge for a new hearing and further proceedings, directed entry of judgment, and closed the case.

Holdings

1. When the parties do not timely object to a magistrate judge's Report and Recommendation, the district court reviews the recommendation for clear error and will not consider objections or new evidence filed after the objection period has expired.
2. The case must be remanded to the ALJ for a new hearing and further proceedings.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Report and Recommendation when no timely objections were filed.
2. Whether the case should be remanded to the ALJ for a new hearing and further proceedings.

Disposition

reversed_and_remanded