Hudman v. Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION § ANGELA ELISE HUDMAN, § § Plaintiff, § § v. § Case No. 6:21-cv-321-JDK-JDL § COMMISSIONER OF SOCIAL § SECURITY, § § Defendant. § § ORDER ADOPTING REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Plaintiff Angela Elise Hudman filed this case pursuant to Social Security Act § 205(g) seeking judicial review of the Commissioner’s denial of his application for Social Security benefits. The case was referred to United States Magistrate Judge John D. Love for findings of fact, conclusions of law, and recommendations for disposition.

On July 19, 2022, Judge Love issued a Report and Recommendation recommending that the Court reverse the Commissioner’s decision and remand this case to the Commissioner of the Social Security Administration for further proceedings consistent with the opinion of the Court. Docket No. 21.

This Court reviews the findings and conclusions of the Magistrate Judge de novo only if a party objects within fourteen days of service of the Report and Recommendation. 28 U.S.C. § 636(b)(1). In conducting a de novo review, the Court examines the entire record and makes an independent assessment under the law.

Douglass v. United Servs. Auto. Ass’n, 79 F.3d 1415, 1430 (5th Cir. 1996) (en bane), superseded on other grounds by statute, 28 U.S.C. § 636(b)(1) (extending the time to file objections from ten to fourteen days).

Here, neither party objected in the prescribed period. The Court therefore reviews the Magistrate Judge’s findings for clear error or abuse of discretion and reviews the legal conclusions to determine whether they are contrary to law. See United States v. Wilson, 864 F.2d 1219, 1221 (5th Cir. 1989), cert. denied, 492 U.S. 918 (1989) (holding that, if no objections to a Magistrate Judge’s Report are filed, the standard of review is “clearly erroneous, abuse of discretion and contrary to law’).

The Court has reviewed the briefing in this case, and the Report of the Magistrate Judge. Upon such review, the Court has determined that the Report of the Magistrate Judge is correct. Accordingly, itis ORDERED that the Report of the United States Magistrate Judge (Docket No. 21) is ADOPTED as the opinion of the Court. The decision of the Commissioner is REVERSED, and this case is remanded to the Commissioner of the Social Security Administration for further proceedings consistent with the opinion of the Court.

So ORDERED and SIGNED this 10th day of August, 2022. qu J Korb JHREMYD. KERN DLE UNITED STATES DISTRICT JUDGE