Tammy A. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Southern District of California adopted a magistrate judge’s Report and Recommendation in a Social Security disability benefits action. The court found no clear error, reversed the Commissioner’s decision, and remanded the matter for further administrative proceedings under sentence four of 42 U.S.C. § 405(g).

Holdings

1. When no timely objection is filed to a magistrate judge's Report and Recommendation, the district court need only determine that there is no clear error on the face of the record before accepting the recommendation.
2. The district court adopted the Report and Recommendation, reversed the Commissioner's decision, and remanded the matter for further administrative proceedings pursuant to sentence four of 42 U.S.C. § 405(g).

Questions Presented

1. What standard of review governs a magistrate judge's Report and Recommendation when no timely objection is filed?
2. Whether the district court should adopt the Report and Recommendation recommending reversal of the Commissioner's decision and remand for further administrative proceedings.

Disposition

reversed_and_remanded