Katina Tagert White v. Commissioner of Social Security

Summary

The United States District Court for the Southern District of Mississippi adopted a magistrate judge’s Report and Recommendation, finding that the Administrative Law Judge made factual inaccuracies concerning the plaintiff’s lumbar-spine range of motion. The court reversed the Commissioner of Social Security’s final decision and remanded the case for further administrative proceedings.

Holdings

1. When no party timely objects to a magistrate judge's report and recommendation, the district court applies the clearly erroneous, abuse of discretion, and contrary to law standard of review rather than de novo review.
2. The Commissioner's final decision must be reversed and the case remanded for further administrative proceedings because the ALJ relied on factual inaccuracies concerning White's lumbar-spine range of motion, and the correct information could have affected the decision.

Questions Presented

1. Whether the magistrate judge's report and recommendation should be reviewed under the clearly erroneous, abuse of discretion, and contrary to law standard when no party timely objects.
2. Whether the Commissioner's final decision should be reversed and remanded because the ALJ relied on factual inaccuracies concerning White's lumbar-spine range of motion.

Disposition

reversed_and_remanded