Carrero-Chavez v. Commissioner of Social Security
| April Carrero-Chavez |
| Commissioner of Social Security |
| Social Security Administration |
| 3:2020cv01327 |
| September 8, 2020 |
| US District Court for the District of Connecticut |
| Victor A Bolden |
| Sarah A L Merriam |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 |
| None |
Docket Report
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Filing 17
MOTION to Stay Proceedings by Commissioner of Social Security.Responses due by 11/18/2020 (Attachments: #1 Exhibit Declaration in Support)(Fitzhugh, Nicol)
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Filing 16
MOTION to Appoint Counsel by April Carrero-Chavez. (Fazekas, J.)
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Filing 15
ORDER OF TRANSFER. Absent consent to a Magistrate Judge. The case is reassigned to Judge Victor A. Bolden for all further proceedings. Signed by Clerk on 10/19/2020.(Anastasio, F.)
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Filing 14
ORDER. On September 8, 2020, the self-represented plaintiff filed a Complaint challenging the denial of Social Security disability benefits, as well as a motion to proceed in forma pauperis. See Doc. #1 , Doc. #2 . The Court granted the motion to proceed in forma pauperis and reviewed the Complaint. On September 9, 2020, the Court issued an Order: "Based on the allegations of the Complaint (Doc. #1 at 2) and the attachments thereto (Doc. # 1-1), the Court is unable to determine whether plaintiff has properly exhausted her administrative remedies. Accordingly, on or before September 30, 2020, plaintiff shall file a copy of the Appeals Council decision that was reportedly issued in 'Aug 2020.' Doc. #1 at 2 (sic)." Doc. #9.On October 6, 2020, the Court entered an Order indicating that plaintiff had "not filed the Appeals Council decision[,]" and required that plaintiff file a copy of that decision on or before October 26, 2020. Doc. #12.On October 7, 2020, the Clerk docketed plaintiff's response to the Court's September 8, 2020, Order, which response is dated as filed on October 2, 2020. See Doc. #13 . Plaintiff's response includes a copy of the Appeals Council's decision, which is dated August 25, 2020. See Doc. #13 at 4.Based on the Appeals Council decision filed by plaintiff, it appears that plaintiff has exhausted her administrative remedies. Accordingly, this case may proceed to a resolution on the merits.It is so ordered. Signed by Judge Sarah A. L. Merriam on 10/7/2020. (Katz, S.)
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Filing 12
ORDER. On September 8, 2020, the self-represented plaintiff filed a Complaint challenging the denial of Social Security disability benefits, as well as a motion to proceed in forma pauperis. See Doc. #1 , Doc. #2 . The Court granted the motion to proceed in forma pauperis and reviewed the Complaint. On September 9, 2020, the Court issued an Order: "Based on the allegations of the Complaint (Doc. #1 at 2) and the attachments thereto (Doc. # 1-1), the Court is unable to determine whether plaintiff has properly exhausted her administrative remedies. Accordingly, on or before September 30, 2020, plaintiff shall file a copy of the Appeals Council decision that was reportedly issued in 'Aug 2020.' Doc. #1 at 2 (sic)." Doc. #9. Plaintiff has not filed the Appeals Council decision. Plaintiff shall file the decision of the Appeals Council on or before October 26, 2020, or this matter may be dismissed for failure to comply with Court orders. It is so ordered. Signed by Judge Sarah A. L. Merriam on 10/6/2020. (Katz, S.)
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Filing 11
REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 10/5/2020. (Attachments: #1 Consent Form)(Anastasio, F.)
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Filing 13
RESPONSE re 9 Order filed by April Carrero-Chavez. (Oliver, T.)
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Filing 10
NOTICE of Appearance by Nicol Fitzhugh on behalf of Commissioner of Social Security (Fitzhugh, Nicol)
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Filing 9
ORDER. Based on the allegations of the Complaint (Doc. #1 at 2) and the attachments thereto (Doc. #1 -1), the Court is unable to determine whether plaintiff has properly exhausted her administrative remedies. Accordingly, on or before September 30, 2020, plaintiff shall file a copy of the Appeals Council decision that was reportedly issued in "Aug 2020." Doc. #1 at 2 (sic). It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/9/2020. (Katz, S.)
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Filing 8
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without payment of fees and costs, which motion includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #2 . Plaintiff has completed the required information. Plaintiff asserts that she is unable to afford to pay fees and costs, having no personal income and minimal assets. See generally id. at 3-4. Plaintiff also states that her husband's gross monthly income does not cover the household's monthly expenses. See id. At this stage, such allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. See 28 U.S.C. 1915(a)(1). Accordingly, plaintiff's #2 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/9/2020. (Katz, S.)
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Answer deadline updated for Commissioner of Social Security to 11/6/2020. (Imbriani, Susan)
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Filing 7
NOTICE to Self-represented Parties. Signed by Judge Stefan R. Underhill on 9/8/2020.(Imbriani, Susan)
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Filing 6
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Stefan R. Underhill on 9/8/2020.(Imbriani, Susan)
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Filing 5
STANDING SCHEDULING ORDER. Signed by Judge Stefan R. Underhill on 9/8/2020.(Imbriani, Susan)
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Filing 4
STANDING ORDER ON SOCIAL SECURITY APPEALS. Signed by Judge Stefan R. Underhill on 9/8/2020. (Attachments: #1 Consent Form)(Imbriani, Susan)
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Filing 2
MOTION for Leave to Proceed in forma pauperis by April Carrero-Chavez. (Imbriani, Susan)
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Filing 1
COMPLAINT against Commissioner of Social Security, filed by April Carrero-Chavez. (Attachments: #1 Exhibit)(Imbriani, Susan) (Additional attachment(s) added on 9/9/2020: #2 Envelope) (Imbriani, Susan).
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