Caraballo v. Colvin

Filing 22

ORDER ADOPTING REPORT of Magistrate Judge Cohn 20 , directing Clrk of ct to enter jdgmt in favor of Caraballo & against Commissioner VACATING Commissioner's decision denying app for supp'l security income & disability insurance benefits of Caraballo & REMANDING matter to Commissioner for new admin hrg & evaluation of evidence, & directing Clrk of Ct to CLOSE case. (See order for complete details.) Signed by Chief Judge Christopher C. Conner on 10/27/15. (ki)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
MILAGROS CARABALLO,
Plaintiff
v.
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
Defendant

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CIVIL ACTION NO. 1:14-CV-647
(Chief Judge Conner)

ORDER
AND NOW, this 27th day of October, 2015, upon consideration of the report
(Doc. 20) of Magistrate Judge Gerald B. Cohn, recommending the court vacate the
decision of the administrative law judge (“ALJ”) and remand this matter for further
proceedings with respect to the application for supplemental security income and
disability insurance benefits of plaintiff Milagros Caraballo (“Caraballo”), wherein
Judge Cohn concludes that the ALJ’s decision is not supported by substantial
evidence, see 42 U.S.C. § 405(g) (requiring the ALJ’s findings to be “supported by
substantial evidence”), finding specifically that the ALJ failed to consider pertinent
third-party evidence offered by certain state agency employees and the fiancée of
Caraballo’s son, and it appearing that neither Caraballo nor the Commissioner of
Social Security (“Commissioner”) objects to the report, and that the Commissioner
expressly waived the opportunity to do so, (see Doc. 21), and it further appearing

that there is no clear error on the face of the record,1 see Nara v. Frank, 488 F.3d
187, 194 (3d Cir. 2007) (explaining that “failing to timely object to [a report and
recommendation] in a civil proceeding may result in forfeiture of de novo review at
the district court level”), it is hereby ORDERED that:
1.

The report (Doc. 20) of Magistrate Judge Cohn is ADOPTED.

2.

The Clerk of Court shall enter judgment in favor of Milagros Caraballo,
and against the Commissioner as set forth in the following paragraph.

1

When parties fail to timely object to a magistrate judge’s report and
recommendation, the Federal Magistrates Act does not require a district court to
review the report before accepting it. See Thomas v. Arn, 474 U.S. 140, 149 (1985).
As a matter of good practice, however, the Third Circuit expects courts to “afford
some level of review to dispositive legal issues raised by the report.” Henderson v.
Carlson, 812 F.2d 874, 878 (3d Cir. 1987). The advisory committee notes to Rule
72(b) of the Federal Rules of Civil Procedure indicate that “[w]hen no timely
objection is filed, the court need only satisfy itself that there is no clear error on the
face of the record in order to accept the recommendation.” Fed. R. Civ. P. 72(b),
advisory committee notes; see also Henderson, 812 F.2d at 878-79 (stating that “the
failure of a party to object to a magistrate’s legal conclusions may result in the loss
of the right to de novo review in the district court”); Tice v. Wilson, 425 F. Supp. 2d
676, 680 (W.D. Pa. 2006) (holding that the court’s review is conducted under the
“plain error” standard); Cruz v. Chater, 990 F. Supp. 375-78 (M.D. Pa. 1998) (holding
that the court’s review is limited to ascertaining whether there is “clear error on the
face of the record”); Oldrati v. Apfel, 33 F. Supp. 2d 397, 399 (E.D. Pa. 1998) (holding
that the court will review the report and recommendation for “clear error”).
2

3.

The Commissioner’s decision denying the application for supplemental
security income and disability insurance benefits of Milagros Caraballo
is VACATED. This matter is REMANDED to the Commissioner with
instructions to conduct a new administrative hearing, develop the
record fully, and evaluate the evidence appropriately in accordance
with this order and the report (Doc. 20) of Magistrate Judge Cohn.

4.

The Clerk of Court is directed to CLOSE this case.

/S/ CHRISTOPHER C. CONNER
Christopher C. Conner, Chief Judge
United States District Court
Middle District of Pennsylvania