Bryan D. v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Southern District of West Virginia adopted the magistrate judge’s Proposed Findings and Recommendation without objection. The court reversed the Commissioner of Social Security’s decision, remanded the matter for further administrative proceedings under sentence four of 42 U.S.C. § 405(g), and dismissed the action from its docket.

Holdings

1. Because neither party filed objections, the district court accepted and incorporated the magistrate judge's Proposed Findings & Recommendation and entered judgment consistent with it.
2. The court reversed the Commissioner's final decision and remanded the action under sentence four of 42 U.S.C. § 405(g) for further administrative proceedings.

Questions Presented

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

Disposition

reversed_and_remanded