Herbert Allen Goodson v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Southern District of West Virginia adopted a magistrate judge’s proposed findings and recommendations in a Social Security appeal. The court denied the plaintiff’s request for remand, granted the Commissioner’s request to affirm the agency decision, affirmed the Commissioner’s final decision, and dismissed the action.

Holdings

1. Because neither party timely objected to the PF&R, the district court was not required to conduct de novo or any other review of the magistrate judge's factual or legal conclusions and could adopt the PF&R.
2. The court denied Plaintiff's request for remand, granted Defendant's request to affirm, and affirmed the Commissioner's final decision.

Questions Presented

1. Whether the district court should adopt the magistrate judge's proposed findings and recommendations when neither party timely objected.
2. Whether Plaintiff's request for remand should be denied and the Commissioner's final decision affirmed.

Disposition

dismissed