Rader v. Commissioner of Social Security, 3:21-cv-00008

Plaintiff Christopher Andrew Rader sought Supplemental Security Income; the Social Security Administration denied his claim and the Commissioner’s decision was challenged in federal court.
The case was referred to Magistrate Judge Robert W. Trumble, who issued a Report and Recommendation (R&R) on June 29, 2022, recommending denial of Rader’s motion for summary judgment and granting the Commissioner’s motion.
The R&R concluded the Commissioner’s denial contained no legal error and was supported by substantial evidence.
Rader was served with the R&R on July 5, 2022; no objections were filed within the allotted time, so the district court reviewed the R&R for clear error.
On August 3, 2022, the district court adopted the R&R, denied Rader’s motion, granted the Commissioner’s motion, affirmed the Commissioner’s decision, dismissed the case with prejudice, and directed entry of final judgment.
Kilolo Kijakazi was automatically substituted as Defendant Commissioner pursuant to Fed. R. Civ. P. 25(d).

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Commissioner’s denial of SSI was legally erroneous or unsupported by substantial evidence	Rader contended the administrative decision was erroneous and not supported by substantial evidence (raised via his summary judgment motion)	The Commissioner maintained the ALJ’s decision complied with law and was supported by substantial evidence	Court adopted R&R: denial contained no legal error and was supported by substantial evidence; decision affirmed
Whether Rader’s failure to file objections to the R&R waives de novo review and appellate rights	Rader filed no objections (no contrary position presented)	Commissioner invoked the statutory and precedential rule that timely objections are required to preserve de novo review and appeal rights	Court found no objections were filed, reviewed for clear error, and adopted the R&R (rules cited govern waiver)
Whether the Acting Commissioner is properly substituted under Rule 25(d)	Not disputed	Commissioner is automatically substituted for former Commissioner Saul	Court noted Kilolo Kijakazi was automatically substituted under Rule 25(d)

Thomas v. Arn, 474 U.S. 140 (1985) (failure to timely object to a magistrate judge’s recommendation waives de novo review)
Webb v. Califano, 468 F. Supp. 825 (E.D. Cal. 1979) (failure to file timely objections constitutes waiver)
Snyder v. Ridenour, 889 F.2d 1363 (4th Cir. 1989) (same waiver principle applied in the Fourth Circuit)
United States v. Schronce, 727 F.2d 91 (4th Cir. 1984) (failure to object to magistrate judge’s finding waives appellate review)