Ramirez v. Commissioner of Social Security
| New York Eastern District Court | |
| Judge: | Lashann Dearcy Hall |
| Case #: | 2:24-cv-04782 |
| Nature of Suit | 864 Social Security - SSID Title XVI |
| Cause | 42:405 Review of HHS Decision (SSID) |
| Case Filed: | Jul 10, 2024 |
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| Docket last updated: 11/01/2024 11:59 PM EDT |
| Wednesday, October 16, 2024 | ||
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order
Order on Motion for Extension of Time to File
Wed 10/16 12:09 PM
ORDER: The parties' request7 for an extension of time to file motions is GRANTED. Plaintiff shall file a motion for judgment on the pleadings on or before December 9, 2024. Defendant shall file its response or cross-motion on or before February 10, 2025. Plaintiff shall file any reply brief on or before February 27, 2025. Ordered by Judge LaShann DeArcy Hall on 10/16/2024. (CG) |
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| Thursday, October 03, 2024 | ||
| 7 | 7
motion
Extension of Time to File Document
Thu 10/03 2:11 PM
MOTION for Extension of Time to File -Proposed Amended Scheduling Order with the consent of all parties by Marta A. Ramirez. (Osborn, Daniel) |
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| Monday, September 09, 2024 | ||
| 6 | 6
misc
Transcript Administrative (Social Security Appeal)
Mon 09/09 12:04 PM
ADMINISTRATIVE TRANSCRIPT (Social Security Appeal) Part 1 of 2 (Zeigler, Anne) |
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Att: 1
Part 2 of 2
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| Tuesday, August 27, 2024 | ||
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misc
Consent to Jurisdiction by US Magistrate Judge - Declined
Tue 08/27 2:55 PM
NOTICE to Assign District Judge: The Clerk of Court is directed to reassign this case to a district judge. (DF) |
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utility
Case Assigned/Reassigned
Tue 08/27 3:17 PM
Case Reassigned to Judge LaShann DeArcy Hall. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (AC) |
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| Monday, July 15, 2024 | ||
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order
Order on Motion for Leave to Proceed In Forma Pauperis
Mon 07/15 9:29 PM
ORDER granting2 Motion for Leave to Proceed in forma pauperis . 28 U.S.C. § 1915 allows litigants to proceed in forma pauperis upon a showing that the plaintiff is indigent. Torres v. Gutman , 17 CV 4109 (KAM) (CLP), 2018 U.S. Dist. LEXIS 53540, at *7 (E.D.N.Y. Mar. 29, 2018). Plaintiffs must set forth in an affidavit that they are unable to pay the filing fees or security for the action as well as a statement of all of their assets. Id . However, if the allegation of poverty is untrue or if the action or appeal is (i) frivolous or malicious, (ii) fails to state a claim upon which relief may be granted, or (iii) seeks damages against a defendant who is immune, then courts can deny plaintiffs motion for leave to proceed in forma pauperis . Id . Courts in E.D.N.Y. have also granted plaintiffs leave to proceed in forma pauperis even when plaintiffs are represented by an attorney. Id. at *8. Here, though she has an attorney, Plaintiff reports: (i) $3,000 in monthly income from workers compensation and child support, which nearly covers her regular monthly expenses of $3,000; and (ii) no saving account balance, checking account balance, or cash on hand. (ECF No.2 ). Further, Plaintiff's action does not appear to be frivolous and states a claim upon which relief can be granted in alleging that the Social Security Administration disallowed her application for disability benefits and both the ALJ and the Appeals Council denied her claim. (ECF No.1 ); see Torres , 2018 U.S. Dist. LEXIS 53540, at *10-11 (granting plaintiffs motion to proceed in forma pauperis because plaintiff sufficiently demonstrated her inability to pay the fees and her pleading stated a claim upon which relief can be granted). For these reasons, Plaintiff's petition to proceed in forma pauperis is GRANTED . The Clerk of Court shall issue summonses and forward the summonses, together with the complaint, to the United States Marshal Service for service, forthwith. The United States Marshal Service is then directed to serve the Complaint upon the Defendant without prepayment of fees. The briefing schedule set by the undersigned on July 12, 2024 otherwise remains in place. See Electronic Order dated July 12, 2024. So Ordered by Magistrate Judge James M. Wicks on 7/15/2024. (DN) |
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| Friday, July 12, 2024 | ||
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order
Order(Other)
Fri 07/12 1:37 PM
ORDER. The Court sets the following briefing schedule: (i) Defendant to file the Administrative Record, which will constitute Defendant's answer, or otherwise move against the complaint on or before September 9, 2024 ; (ii) Plaintiff to serve a brief supporting the requested relief on or before October 9, 2024 ; (iii) Defendant to serve a cross-motion on or before November 8, 2024 ; and (iv) Plaintiff to serve a reply, if any, on or before November 22, 2024 . Once the last set of papers have been served, the movant(s) shall electronically file the entire set of motion papers along with the stipulations of fact, and the Administrative Record on ECF. On that date, the parties are to promptly provide Chambers with courtesy copies of their submissions. The parties are directed to consult the undersigned's Individual Rules (Section 8) concerning Social Security Cases and are otherwise directed to adhere to the policies outlined in the E.D.N.Y. Administrative Order 2023-6 (Brodie, Chief Judge), for expediting the disposition of Social Security cases. So Ordered by Magistrate Judge James M. Wicks on 7/12/2024. (DN) |
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| Thursday, July 11, 2024 | ||
| 5 | 5
notice
Notice of Appearance Immigration/Social Security Cases
Thu 07/11 6:05 AM
NOTICE of Appearance by Anne M Zeigler on behalf of Commissioner of Social Security (aty to be noticed) (Zeigler, Anne) |
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| Wednesday, July 10, 2024 | ||
| 4 | 4
notice
Notice of Opportunity to Consent
Wed 07/10 3:43 PM
Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website:[LINK:https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program.] (LJ) |
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| 3 | 3
misc
Quality Control Check - Attorney Case Opening
Wed 07/10 3:40 PM
This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Wed 07/10 12:59 PM
MOTION for Leave to Proceed in forma pauperis by Marta A. Ramirez. (Osborn, Daniel) |
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| 1 | 1
cmp
Complaint
Wed 07/10 12:59 PM
COMPLAINT against Commissioner of Social Security Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Marta A. Ramirez. (Osborn, Daniel) |
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Att: 1
Civil Cover Sheet
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utility
Case Assigned/Reassigned
Wed 07/10 3:42 PM
Case Assigned to Magistrate Judge James M. Wicks. Please download and review the Individual Practices of the assigned Judges, located on our[LINK:website] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) |
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notice
Notice of Social Security Action Commenced
Wed 07/10 3:44 PM
Notice: Social Security Case Service. Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk has issued a Notice of Electronic Case Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system, notifying the appropriate Regional Social Security Administration's Office of General Counsel and the United States Attorney's Office of the case. No summons shall issue. Commissioner of Social Security served on 7/10/2024, answer due 9/9/2024. (LJ) |
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