Monica Nicole Burdette v. Frank Bisignano, Commissioner of Social Security

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION

MONICA NICOLE BURDETTE, Plaintiff, v. CIVIL ACTION NO. 2:25-cv-00342 FRANK BISIGNANO, Commissioner of Social Security Defendant.

MEMORANDUM OPINION AND ORDER This action was referred to United States Magistrate Judge Dwane L. Tinsley for submission of proposed findings of fact and recommendations for disposition pursuant to 28 U.S.C. § 636. On March 19, 2026, Magistrate Judge Tinsley submitted his Proposed Findings & Recommendations (“PF&R”), [ECF No. 10], and recommended that the court GRANT the Plaintiff’s request for remand, [ECF No. 7], DENY the Commissioner’s request to affirm the final decision, [ECF No. 8], REVERSE the final decision of the Commissioner, and REMAND this matter back to the Commissioner for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). Neither party timely filed objections to the PF&R nor sought an extension of time.

A district court “shall make a de novo determination of those portions of the report or specified proposed findings or recommendations to which objection is made.” 28 U.S.C. § 636(b)(1)(C). This court is not, however, required to review, under a de novo or any other standard, the factual or legal conclusions of the magistrate judge as to those portions of the findings or recommendation to which no objections are addressed. Thomas v. Arn, 474 U.S. 140, 150 (1985).

Because the parties have not filed objections in this case, the court adopts and incorporates herein the PF&R and orders judgment consistent therewith. The court GRANTS the Plaintiff's request for remand, [ECF No. 7], DENIES the Commissioner’s request to affirm the final decision, [ECF No. 8], REVERSES the final decision of the Commissioner, and REMANDS this matter back to the Commissioner for further administrative proceedings.

The court DIRECTS the Clerk to send a copy of this Memorandum Opinion and Order to counsel of record and any unrepresented party.

ENTER: April 22, 2026 ee STATES DISTRICT JUDGE