Teresa P. v. Commissioner of Social Security

Summary

The United States District Court for the Southern District of California adopts a magistrate judge’s Report and Recommendation in a Social Security appeal. Because neither party objected and the court found no clear error, it remands the action to the Commissioner for further proceedings under 42 U.S.C. § 405(g).

Holdings

1. When neither party objects 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 court adopted the magistrate judge's Report and Recommendation and remanded the action to the Commissioner for further review pursuant to 42 U.S.C. § 405(g).

Questions Presented

1. What standard of review applies when neither party objects to a magistrate judge's Report and Recommendation?
2. Whether the court should adopt the magistrate judge's Report and Recommendation and remand the Social Security action for further administrative proceedings.

Disposition

reversed_and_remanded