Ashley Nicole McDonald v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Southern District of West Virginia adopts a magistrate judge's unobjected-to Proposed Findings and Recommendations in a Social Security case. The court reverses the Commissioner's final decision and remands the matter under the fourth sentence of 42 U.S.C. § 405(g) for further administrative proceedings.

Holdings

1. Because neither party filed timely objections, the district court adopted and incorporated the Proposed Findings & Recommendations and entered judgment consistent with them.
2. The Commissioner's final decision was reversed, and the matter was remanded to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings consistent with the Proposed Findings & Recommendations.

Questions Presented

1. Whether the district court should adopt the magistrate judge's Proposed Findings & Recommendations when neither party timely filed objections.
2. Whether the Commissioner's final decision should be reversed and the matter remanded under sentence four of 42 U.S.C. § 405(g).

Disposition

reversed_and_remanded