Japa v. Commissioner of Social Security
Plaintiff: Gustavo Japa
Defendant: Commissioner of Social Security
Case Number: 1:2009cv01108
Filed: March 23, 2009
Court: US District Court for the Eastern District of New York
Office: Social Security: DIWC/DIWW Office
County: Kings
Presiding Judge: Dora Lizette Irizarry
Nature of Suit: None
Cause of Action: U.S. Government Defendant
Jury Demanded By: 42:405 Review of HHS Decision (DIWC)

Available Case Documents

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Date Filed Document Text
December 13, 2010 Opinion or Order Filing 24 ORDER GRANTING DEFENDANT'S MOTION FOR JUDGMENT ON THE PLEADINGS - For the reasons set forth in the ATTACHED WRITTEN SUMMARY ORDER, the court will not remand this matter to the Commissioner for consideration of the new evidence presented by pr o se plaintiff. Accordingly, the court incorporates herein the "substantial evidence" discussion in its Summary Order of September 24, 2010, and grants the Commissioners motion for judgment on the pleadings. Accordingly, this action is DISMISSED. The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Summary to pro se plaintiff. The Clerk of the Court is further directed to close this case and enter judgment on behalf of the defendant. SO ORDERED by Judge Dora Lizette Irizarry on 12/13/2010. (Irizarry, Dora)
September 24, 2010 Opinion or Order Filing 20 ORDER DENYING WITHOUT PREJUDICE 15 Motion for Judgment on the Pleadings; AND TERMINATING AS MOOT 18 Motion to Expedite -- For the reasons set forth in the ATTACHED WRITTEN MEMORANDUM AND ORDER, defendant's motion for judgment on the pleading s is denied, without prejudice, as pro se plaintiff is granted thirty (30) days from the date of this Order, i.e., no later than October 25, 2010, to: (1) submit evidence which supports his assertions that in "August 2009, [he] was found disabled by human resources administration and [his] personal physician, Dr. Galina Isakof"; and (2) satisfy the requirements for the consideration of new evidence. If plaintiff fails to comply timely, the court, without further proceedings, wi ll convert this ruling to an order granting the Commissioner's motion for judgment on the pleadings consistent with the "substantial evidence" standard discussed in the Attached Written Memorandum and Order. The Clerk of the Court is directed to mail a copy of this Electronic Order and the Attached Written Memorandum and Order to pro se plaintiff. SO ORDERED by Judge Dora Lizette Irizarry on 9/24/2010. (Irizarry, Dora)
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Plaintiff: Gustavo Japa
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Defendant: Commissioner of Social Security
Represented By: SOCIAL SECURITY ADMINISTRATION - GENERIC
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