Valentine v. Commissioner, Social Security Administration et al
| Elet Terese Valentine and Elet Valentine |
| Commissioner, Social Security Administration, State of Colorado, Colorado Department of Human Services, Colorado Disability Determination Services, Jeffrey N. Holappa, Josh, Rochelle, Kelly, Sujatha, Amy, Jamie, Frances and Cassie |
| SSA Noticing and USAO-SS-Noticing |
| 1:2024cv00057 |
| January 9, 2024 |
| US District Court for the District of Colorado |
| Robert E Blackburn |
| Daniel D Domenico |
| Kathryn A Starnella |
| Social Security - SSID Title XVI |
| 42 U.S.C. § 205 Denial Social Security Benefits |
| Plaintiff |
Docket Report
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| Filing 41 LETTER from Clerk of Court re: Service of Process of #19 Amended Complaint. (Attachments: #1 Summons, #2 Rule 4, #3 Magistrate Judge Consent Form)(cmadr, ) |
| Filing 40 LETTER from the U.S. Attorney's Office re: Service of Process. (cmadr, ) |
Filing 39
ORDER REFERRING MOTIONS: #33 MOTION for Order to filed by Elet Valentine; AND #34 MOTION for Extension of Time to filed by Elet Valentine.Motions referred to Magistrate Judge Kathryn A. Starnella by Judge Daniel D. Domenico on 3/4/2024. Text Only Entry (dddlc3, )
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| Filing 36 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #33 Motion to Request Hearing to Be Held in Person and #34 Motion for Extension of Time filed by Pro Se E-Filer Elet Valentine. The documents were not filed electronically by Pro Se E-Fier via CM/ECF. DO NOT REFILE THE DOCUMENTS. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.1(a) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (jtorr, ) |
| Filing 35 ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES re: #32 Supplement/Amendment filed by Pro Se E-Filer Elet Valentine. The document is not a text-searchable portable document format (PDF). DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 1.3(f) of the Electronic Case Filing Procedures (Civil cases). (Text Only Entry) (jtorr, ) |
| Filing 38 DISREGARD, FILED IN ERROR. DUPLICATE OF ECF #34 MOTION for Extension of Time re: ECF #28 by Plaintiff Elet Valentine. (cmadr, ) Modified on 3/4/2024 (cmadr, ). |
| Filing 37 DISREGARD, FILED IN ERROR, DUPLICATE OF ECF #33 MOTION to Request Hearing to be Held In-Person by Plaintiff Elet Valentine. (cmadr, ) Modified on 3/4/2024 (cmadr, ). |
| Filing 34 Opposed MOTION for Extension of Time by Plaintiff Elet Valentine. (cmadr, ) |
| Filing 33 MOTION To Request Hearing to Be Held In-Person by Plaintiff Elet Valentine. (cmadr, ) |
| Filing 32 SUPPLEMENT/AMENDMENT Second Amendment Exhibits - Exhibit #98 by Plaintiff Elet Valentine. (Attachments: #1 Exhibit Exhibit 98 - Request To Vacate 2/29/24 Hearing - Lack of Jurisdiction)(Valentine, Elet) |
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Filing 31
ORDER REFERRING MOTION: #28 First MOTION for Extension of Time to File Answer or Otherwise Respond re #19 Amended Complaint, filed by State of Colorado.Motion referred to Magistrate Judge Kathryn A. Starnella by Judge Daniel D. Domenico on 2/20/2024. Text Only Entry (dddlc3, )
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| Filing 30 REPLY to Response to #28 First MOTION for Extension of Time to File Answer or Otherwise Respond re #19 Amended Complaint, Defendant State of Colorado Reply In Support of Opposed Motion for Extension of Time filed by Defendant State of Colorado. (Ollis, Rachel) |
| Filing 29 RESPONSE to #28 First MOTION for Extension of Time to File Answer or Otherwise Respond re #19 Amended Complaint, Pl Opposition to Extension of time and Request for GK Payments filed by Plaintiff Elet Valentine. (Attachments: #1 Exhibit Exhibit 97 - Pl & State of Colorado Email Chain)(Valentine, Elet) |
| Filing 28 First MOTION for Extension of Time to File Answer or Otherwise Respond re #19 Amended Complaint, by Defendant State of Colorado. (Ollis, Rachel) |
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Filing 27
ORDER by Chief Judge Philip A. Brimmer on 2/7/2024. Pursuant to Local Rule 40.1(d)(1), this case should have been assigned to Judge Daniel D. Domenico. Wherefore, pursuant to D.C.COLO.LCivR 40.1(a) and (d)(1), it is ORDERED that this case is transferred to Judge Daniel D. Domenico. ORDERED that all future filings in this case shall be docketed under Civil Case No. 24-cv-00057-DDD-KAS. (jtorr, )
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Filing 26
ORDER REFERRING CASE to Magistrate Judge Susan Prose for all motions. Pursuant to 28 U.S.C. 636(b)(1)(A) and (B) and Fed. R. Civ. P. 72(a) and (b), this case is referred to the assigned United States Magistrate Judge to (1) convene a scheduling conference under Fed. R. Civ. P. 16(b) and enter a scheduling order meeting the requirements of D.C.COLO.LCivR 16.2, (2) conduct such status conferences and issue such orders necessary for compliance with the scheduling order, including amendments or modifications of the scheduling order upon a showing of good cause, (3) hear and determine pretrial matters, including discovery and other non-dispositive motions, (4) conduct a pretrial conference and enter a pretrial order, and (5) conduct hearings, including evidentiary hearings, and submit proposed findings of fact and recommendations for rulings on dispositive motions. Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the magistrate judge or on the request of the parties by motion, this court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding, by Chief Judge Philip A. Brimmer on 2/06/2024. Text Only Entry (pabsec, )
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| Filing 25 CASE REASSIGNED. Pursuant to #24 Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is randomly reassigned to Chief Judge Philip A. Brimmer and drawn to Magistrate Judge Susan Prose. All future pleadings should be designated as 24-cv-00057-PAB. (Text Only Entry) (sphil, ) |
| Filing 24 CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Elet Valentine All parties do not consent.. (Valentine, Elet) |
| Filing 23 OBJECTIONS to #20 Minute Order, January 31, 2024 by Plaintiff Elet Valentine. (Valentine, Elet) |
| Filing 22 Magistrate Judge consent form issued pursuant to D.C.COLO.LCivR 40.1, direct assignment of civil actions to full time magistrate judges. (jtorr, ) |
| Filing 21 CASE REASSIGNED pursuant to #20 Minute Order. This case is randomly reassigned to Magistrate Judge Susan Prose for all further proceedings. All future pleadings should be designated as 24-cv-00057-SBP. (Text Only Entry) (jtorr, ) |
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Filing 20
MINUTE ORDER: This matter is before the court sua sponte. This case has been assigned to the AP docket in error. This case does not fall within the scope of cases subject to management as an AP case under D.C.COLO. LAPR 1.1(c), which governs cases challenging an action or final decision of an administrative agency. THEREFORE, IT IS ORDERED that the clerk shall assign this case to judicial officers under D.C.COLO.LCivR 40.1. By Judge Robert E. Blackburn on 1/31/2024. (jtorr, )
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| Filing 19 AMENDED COMPLAINT 2nd Corrected (Signed) - First Amended Verified Complaint against All Parties, filed by Elet Valentine. (Attachments: #1 Continuation of Main Document 2nd Corrected (Signed) First Amended Verified Complaint, #2 Exhibit Exhibit 91 - Notice of Lawsuit and Request for Waiver of Summons)(Valentine, Elet) |
| Filing 18 NOTICE of Entry of Appearance Aaron John Pratt by Aaron John Pratt on behalf of State of ColoradoAttorney Aaron John Pratt added to party State of Colorado(pty:dft) (Pratt, Aaron) |
| Filing 17 NOTICE of Entry of Appearance Rachel Eileen Ollis by Rachel Eileen Ollis on behalf of State of ColoradoAttorney Rachel Eileen Ollis added to party State of Colorado(pty:dft) (Ollis, Rachel) |
| Filing 16 AMENDED COMPLAINT CORRECTED - AMENDED - Verified Complaint against All Parties, filed by Elet Valentine. (Attachments: #1 Continuation of Main Document Frist Amended Verified Complaint, #2 Summons Waiver - Summons, #3 Summons Waiver - Summons, #4 Summons Waiver - Summons, #5 Summons Waiver - Summons, #6 Summons Waiver - Summons, #7 Summons Waiver - Summons, #8 Summons Waiver - Summons, #9 Summons Waiver - Summons)(Valentine, Elet) |
| Filing 15 AMENDED EXHIBIT LIST re: Additional Exhibits by Plaintiff Elet Valentine. (Attachments: #1 Continuation of Main Document Amended Exhibit List, #2 Exhibit Exhibit 90 Calculation of Days and Social Security Fact Sheets (Original Disclosure 26.1), #3 Exhibit Exhibit 92 January 19, 2022, SSA 789 Request for Reconsideration Disability Cessation Right to Appear, #4 Exhibit Exhibit 93 December 6, 2022, Letter from Amy - Request For SSA 3373, #5 Exhibit Exhibit 94 December 6, 2022, Letter from Amy Request for a call back and information, #6 Exhibit Exhibit 95 December 23, 2022 Completed SSA 3373 (SSA Stamped 12-23-2022), #7 Exhibit Exhibit 96 (Amended) Exhibit 43 December 23, 2022 letter (SSA Stamped 12-23-2022))(Valentine, Elet) Modified to correct event type on 1/31/2024 (jtorr, ). |
| Filing 14 CORPORATE DISCLOSURE STATEMENT. (Attachments: #1 Exhibit ORIGINAL - Disclosure 26.1)(Valentine, Elet) |
| Filing 13 AMENDED COMPLAINT (FIRST) VERIFIED COMPLAINT against All Parties, filed by Elet Valentine. (Attachments: #1 Continuation of Main Document First - Amended Complaint, #2 Summons Waiver - Summons, #3 Summons Waiver - Summons, #4 Summons Waiver - Summons, #5 Summons Waiver - Summons, #6 Summons Waiver - Summons, #7 Summons Waiver - Summons, #8 Summons Waiver - Summons, #9 Summons Waiver - Summons)(Valentine, Elet) |
| Filing 12 SUMMONS Returned Executed by Elet Valentine. Colorado Disability Determination Services served on 1/17/2024, answer due 2/7/2024. (Valentine, Elet) |
| Filing 11 SUMMONS Returned Executed by Elet Valentine. Colorado Department of Human Services served on 1/17/2024, answer due 2/7/2024. (Valentine, Elet) |
| Filing 10 SUMMONS Returned Executed by Elet Valentine. State of Colorado served on 1/17/2024, answer due 2/7/2024. (Valentine, Elet) |
| Filing 9 Exhibits in Support of #1 Complaint, Additional by Plaintiff Elet Valentine. (Attachments: #1 Exhibit Exhibit 1 - August 16, 2019 Notice of Decision Fully Favorable, #2 Exhibit Exhibit 2 August 21, 2019, letter SSI & SSDI Benefits, #3 Exhibit Exhibit 3 - September 2, 2019 SSDI Notice of Award, #4 Exhibit Exhibit 4 - September 13, 2019 SSA 561 Reconsideration Re: Decrease in SSI Benefits, #5 Exhibit Exhibit 5 - September 23, 2019 SSI Notice of Change in Payment, #6 Exhibit Exhibit 6 October 16, 2019 SSA: HA-501 Request ALJ Information and facts altered, #7 Exhibit Exhibit 7 October 16, 2019 SSA- HA 501 Request ALJ Missing 561s 12-29-18 & 8-13-19, #8 Exhibit Exhibit 8 October 2 & 21, 2019 letter Request for Expedited ALJ Hearing; Violation of Rights, #9 Exhibit Exhibit 9 - October 28, 2019 Proof of Rent payments Waterfield Apartments 11-5-2019 November 2020, #10 Exhibit Exhibit 10 November 1, 2019 SSA-HA 520 Request copy of Appeal Hearing File, #11 Exhibit Exhibit 11 November 1, 2019 SSA-HA501 Reopening of SSD Appeal & Amend Determinati, #12 Exhibit Exhibit 12 December 11, 2019 SSDI Notice of Offset for SSI Benefits December 2017 August 2019, #13 Exhibit Exhibit 13 - May 1, 2020 SSA-795 Request for Amended SAA-1099 RE: Incorrect Computations, #14 Exhibit Exhibit 14 SSA 1099 & SSA 1099 Printout, #15 Exhibit Exhibit 15 May 6, 2020 SSA-795 Recalculation of Back pay All back pay not received, #16 Exhibit Exhibit 16 May 6, 2020 SSA-795 Correction Amended SSA-1099 Computations incorrect missing info, #17 Exhibit Exhibit 17 August 5, 2020 Ltr Request for ALJ Appeal Determination letter not match testimony, #18 Exhibit Exhibit 19 October 27, 2020 Ltr Request for Investigation concerning SSI benefits, #19 Exhibit Exhibit 20 March 3, 2021 Ltr Follow letter Colo Attorney General Re: Investigation, #20 Exhibit Exhibit 21 - September 23, 2021 Notice of Continuing Disability Review, #21 Exhibit Exhibit 22 - September 27, 2021 Notice of Continuing Disability Review, #22 Exhibit Exhibit 24 - October 18, 2021 Completed SSA-827 by Elet Valentine, #23 Exhibit Exhibit 25 - October 18, 2021 Completed SSA-454 by Elet Valentine, #24 Exhibit Exhibit 26 - October 28, 2021 Altered version of submitted October 18, 2021 SSA 454 by unknown person, #25 Exhibit Exhibit 27 - December 10, 2021 DDS Request (Sujatha) - SSA 3373 (Activities of Daily Living Questionnaire), #26 Exhibit Exhibit 28 - December 20, 2021- DDS Ltr (Sujatha) Insufficient information recent mental health treatment or back x-ray, #27 Exhibit Exhibit 29 - December 30, 2021 DDS Ltr (Sujatha) - Insufficient information recent mental health treatment or back x-ray, #28 Exhibit Exhibit 30 - January 11, 2022 DDS Ltr - (Sujatha, #29 Exhibit Exhibit 31 January 21, 2022 Ltr Resubmission of of Documents & New Docs; ALJ Request, #30 Exhibit Exhibit 32 January 21, 2022 SSA-789 Continuation of Disability benefits Dont Agree Stop Disability Benefits, #31 Exhibit Exhibit 33 April 14, 2022 SSA-3441 RE: 3rd Submitted Disability Report, #32 Exhibit Exhibit 34 April 14, 2022 SSA 827 - Authorization to Disclose Information to SSA, #33 Exhibit Exhibit 35- April 14, 2022 SSA-795 Request to Continue SSI & SSDI Benefits, #34 Exhibit Exhibit 36 - April 28, 2022 SSA Ltr Re: SSI payments 1-2017 to 12-2022 of $12,105.00, #35 Exhibit Exhibit 37 June 22, 2022 Ltr Humana Benefit Cancellation - Advise slow to process at local office, #36 Exhibit Exhibit 38 - July 15, 2022 SSA HA501 - Request for ALJ Local office failure to Notice of hearing, adverse action, and advise of rights, #37 Exhibit Exhibit 39 July 19, 2022 SSA-HA501 Amended-Request for ALJ Local office failure to Notice of hearing, adverse action, and advise of rights, #38 Exhibit Exhibit 40 September 26, 2022 Ltr Request for Expedited ALJ Hearing, #39 Exhibit Exhibit 41 March 17, 2022 Status of Previously Submitted Document - SSA Jewell, #40 Exhibit Exhibit 42 December 19, 2022 DDS Ltr (Amy) Request function report Not received, #41 Exhibit Exhibit 43 December 23, 2022 Ltr Resubmission of document from 12-6-2022; Request for ALJ, #42 Exhibit Exhibit 44 January 17, 2023 Ltr Response to CDR & DDS 12-19-2022 & 12-29-2022 letters, #43 Exhibit Exhibit 45 - January 20, 2023 DDS Ltr (Jamie) Request SSA 827 and altered, #44 Exhibit Exhibit 46 - January 20, 2023 DDS Ltr (Jamie) Request SSA 827 and 2nd, #45 Exhibit Exhibit 47 - January 30, 2023 DDS Ltr (Jamie) Re: have not received a response re: return of requested forms, #46 Exhibit Exhibit 48 February 20, 2023 Confirmation Statement for a Disability Hearing Re: Request to Reschedule, #47 Exhibit Exhibit 49 February 22, 2023 SSA-3288 Consent for Release of Information, #48 Exhibit Exhibit 50 - February 27, 2023 DDS Ltr (Frances) Not conducting hearings in person, cannot reschedule telephone hearing until we speak with you., #49 Exhibit Exhibit 51 - February 27, 2023 Telephone call with Francis DDS, #50 Exhibit Exhibit 52 February 28, 2023 SSA HA-501 Request for ALJ Hearing, #51 Exhibit Exhibit 53 February 28, 2023 SSA-795 Request to Continue Benefits and No Notice of Rights, #52 Exhibit Exhibit 54 - March 2, 2023 DDS Ltr (Frances) Request SSA 827 Request SSA 827 and 2nd, #53 Exhibit Exhibit 55 - March 2, 2023 DDS Ltr (Frances) Appointment Notice for Tuesday, April 4, 2023 @ 12:30 p.m. MST (Kerry Kamer DO (DES) Shapiro Family Chiropractic), #54 Exhibit Exhibit 56 - March 2, 2023 DDS Ltr (Frances) - Appointment Confirmation Notice for Tuesday, April 4, 2023 @ 12:30 p.m. MST (Kerry Kamer DO (DES) Shapiro Family Chiropractic), #55 Exhibit Exhibit 57 - March 2, 2023 DDS Ltr (Frances) Notice of Hearing Postponement March 7, 2023, at 8:00 a.m. MST, #56 Exhibit Exhibit 58 - March 7, 2023 DDS Ltr (Frances) - Notice of Hearing March 27, 2023, at 9:00 a.m. MST, #57 Exhibit Exhibit 59 - March 12, 2023 - DDS Ltr (Frances) RE: Have not received requested information forms, #58 Exhibit Exhibit 60 - March 14, 2023 - DDS Ltr (Frances) RE: call to confirm hearing & consultative examination, #59 Exhibit Exhibit 61 - March 20, 2023 Telephone call with Francis DDS, #60 Exhibit Exhibit 62 - March 25, 2023 - DDS Ltr (Frances/Cassie) Appointment Reminder Tuesday, April 4, 2023 @ 12:30 p.m. MST (Kerry Kamer DO (DES) Shapiro Family Chiropractic), #61 Exhibit Exhibit 63 - March 27, 2023 - DDS Ltr (Frances/Cassie) Appointment Cancellation - Tuesday, April 4, 2023 @ 12:30 p.m. MST (Kerry Kamer DO (DES) Shapiro Family Chiropractic), #62 Exhibit Exhibit 64 - March 30, 2023 Humana Ltr Loss of Entitlement Medicare A, B, & D Prescription Drug plan to end April 30, 2023, #63 Exhibit Exhibit 65 April 4, 2023 SSA-501 Request ALJ Frequent Rescheduling of Hearing, no review of documents, #64 Exhibit Exhibit 66 April 4, 2023 SSA-795 Request to Continue Benefits and No Notice of Rights, #65 Exhibit Exhibit 67 - April 5, 2023 Loss of Entitlement SSDI Overpayment of $19,596.50, #66 Exhibit Exhibit 68 - April 12, 2023 Humana Ltr Loss of Entitlement Medicare A, B, & D Prescription Drug plan to end April 30, 2023 Updated Records to show member of Humana, #67 Exhibit Exhibit 69 - April 19, 2023 Reinstatement of Medicare A & B; Use $19,596.50 of benefits to recover all of an overpayment, #68 Exhibit Exhibit 70 - July 1, 2023 SSA 2459 - Benefits Planning Query (BPQY), #69 Exhibit Exhibit 71 October 26, 2023 SSA 795 Request Copy of Documents to Local SSA Office, #70 Exhibit Exhibit 73 November 14, 2019 Missing Documents Called SAA Jewell, #71 Exhibit Exhibit 74 December 17, 2023 SSA 3288 RE: Request to pick up OHO paper hearing exhibits & hearing audio recording, #72 Exhibit Exhibit 76 Altered Notice of Decision August 16, 2019 - Affidavit of truth, #73 Exhibit Exhibit 77 - SSA-831 August 28, 2019 DDT, #74 Exhibit Exhibit 78 - SSA-831 June 14, 2018, DDT, #75 Exhibit Exhibit 79 - Surgical Pathology Report Dr. Bernard Guiot - May 28, 2013, #76 Exhibit Exhibit 80 - Missing Letters October 15, 2020 Ltr - Affidavit of truth, #77 Exhibit Exhibit 81 December 15, 2023 - Requested Documents Not Received by SSA Local Jewell - Affidavit of Truth, #78 Exhibit Exhibit 82 No Documents Sent by Kelly, #79 Exhibit Exhibit 83 December 20, 2019 - Dr. Gary Clayman Tampa General Hospital, #80 Exhibit Exhibit 84 March 10, 2020 Dr. Wang & Dr. Conner PET Scan, #81 Exhibit Exhibit 85 Money Borrowed Awaiting SSA D. Gloster & J. Disher, #82 Exhibit Exhibit 86 Additional Unresolved Issues Added to SSA-83, #83 Exhibit Exhibit 87 July 5, 2021 - Police Report Case Number: 2021-25857, #84 Exhibit Exhibit 88 August 5, 2022 Police Report Case Number: 2022-31421, #85 Exhibit Exhibit 72 December 15, 2023 SSA-795 Request for Submitted Documents from 10-26-2023 Re: Not received all documents, #86 Exhibit Exhibit 18 October 15, 2020 Ltr Request for Investigation concerning SSI Benefits, #87 Exhibit Exhibit 23 October 18, 2021 Ltr Submission of CDR Review Documents)(Valentine, Elet) |
| Filing 8 LETTER Notice Pl Cannot Access Court Documents - Restricted Access by Plaintiff Elet Valentine. (Valentine, Elet) |
| Filing 7 NOTICE of Entry of Appearance by Elet Valentine (Valentine, Elet) |
| Filing 6 NOTICE of Entry of Appearance by Michelle C. Verdis on behalf of Commissioner, Social Security AdministrationAttorney Michelle C. Verdis added to party Commissioner, Social Security Administration(pty:dft) (Verdis, Michelle) |
| Filing 5 Utility Setting Deadlines: Commissioner, Social Security Administration answer due 3/11/2024. Text Only Entry. (jtorr, ) |
| Filing 4 Administrative Notice: Social Security Case Service. Pursuant to the Letter of Agreement signed by the Clerk, U.S. District Court;U.S. Attorneys Office for the District of Colorado (USAO), and Social Security Administration (SSA), service of the initiating document(s) by the plaintiff to the SSA, the U.S. Attorney General, and USAO in accordance with Federal Rule of Civil Procedure 4(i) is not necessary unless the court otherwise orders. A summons is not required and will not be issued. (Text Only Entry) (efoga, ) |
| Filing 3 SUMMONS issued over the counter by Clerk. (Attachments: #1 Magistrate Judge Consent Form) (efoga, ) |
| Filing 2 Case assigned to Judge Robert E. Blackburn. Text Only Entry (efoga, ) |
| Filing 1 COMPLAINT FOR JUDICIAL RELIEF FOR SOCIAL SECURITY ADMINISTRATION DELAYS AND VIOLATIONS OF FEDERALLY PROTECTED RIGHTS against Colorado Department of Human Services, Colorado Disability Determination Services, Commissioner, Social Security Administration, State of Colorado Filing Fee: $405.00Receipt Number:109415, filed by Elet Terese Valentine. (Attachments: #1 Exhibits, #2 Summons Requests)(efoga, ) (Additional attachment(s) added on 1/9/2024: #3 Civil Cover Sheet) (efoga, ). |
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