Summary
The United States District Court for the Western District of Virginia adopted a magistrate judge's Report and Recommendation in a Social Security appeal. The court reversed the Commissioner's final decision and remanded the matter under sentence four of 42 U.S.C. § 405(g), then dismissed the case from the active docket.
Holdings
- When no party objects to a magistrate judge's Report and Recommendation, the district court may accept the recommendation after satisfying itself that there is no clear error on the face of the record.
- The Commissioner's final decision is reversed, and the matter is remanded pursuant to sentence four of 42 U.S.C. § 405(g) for further consideration consistent with the Report and Recommendation.
Questions Presented
- Whether the district court should adopt the magistrate judge's Report and Recommendation when no party filed objections.
- 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
Cases Cited (1)
- Diamond v. Colonial Life & Accident Insurance Co., 416 F.3d 310, 315 (4th Cir. 2005)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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