Bittle v. Commissioner of Social Security
| Micah Bittle |
| Commissioner of Social Security |
| Social Security Administration |
| 3:2019cv01384 |
| September 6, 2019 |
| US District Court for the District of Connecticut |
| Kari A Dooley |
| Sarah A L Merriam |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 0405 dc |
| None |
Docket Report
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Filing 18
ORDER OF TRANSFER. Absent consent to a Magistrate Judge, the case is reassigned to Judge Kari A. Dooley for all further proceedings. Signed by Clerk on 10/18/2019.(Anastasio, F.)
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Filing 17
REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R Underhill on 9/26/2019. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 16 NOTICE of Appearance by Maria Fragassi Santangelo on behalf of Commissioner of Social Security (Santangelo, Maria) |
| Filing 15 RESPONSE TO 10 Order,,,,,,, by Micah Bittle filed by Micah Bittle. (Attachments: #1 Exhibit)(Bittle, Micah) |
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Filing 14
ORDER granting #13 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed an amended 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. #13 . Plaintiff previously filed a Motion for Leave to Proceed in forma pauperis (Doc. #2 ), which the Court denied as incomplete. See Doc. #9. Plaintiff has now provided sufficient information to allow the Court to make a determination regarding his request to proceed without payment of fees and costs. Plaintiff asserts that he has not worked since 2010, and his only income is $514 per month in disability benefits, which does not cover his monthly expenses. See Doc. #13 at 3-4. Plaintiff owns no assets, and does not have sufficient cash on hand to pay the required fees. See id. at 4. 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 #13 Motion for Leave to Proceed in forma pauperis is GRANTED. It is so ordered. Signed by Judge Sarah A. L. Merriam on 09/17/2019. (Spangenburg, S.)
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| Filing 13 First MOTION for Leave to Proceed in forma pauperis by Micah Bittle. Motions referred to Sarah A. L. Merriam(Bittle, Micah) |
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Filing 12
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Stefan R Underhill on 9/10/2019. (Oliver, T.)
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Filing 11
ORDER granting #8 Motion for Order. Plaintiff's #8 Motion By Self-Represented Litigant to Participate in Electronic Filing is GRANTED. Signed by Judge Sarah A. L. Merriam on 09/10/2019. (Spangenburg, S.)
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Filing 10
ORDER. The self-represented plaintiff has filed a form Complaint for Review of Social Security Administration Decision. (Doc. #1 ). The Complaint indicates that the ALJ issued a partially favorable decision on April 3, 2019; however, there is no reported date of any decision of the Appeals Council. See Doc. #1 at 2. Furthermore, attached to the Complaint is a partially completed, unsigned version of a form that is used to appeal an ALJ's decision to the Appeals Council. See id. at 7. The Court is unable to determine whether plaintiff has actually filed a request for review of the ALJ's decision by the Appeals Council, or whether the Appeals Council has responded in any way. The Court further notes that this action was filed on September 6, 2019, more than five months after the issuance of the ALJ's decision, suggesting that, if review by the Appeals Council was not sought, this action may be untimely. In order for the Court to adequately review the Complaint, additional information is required. Specifically, plaintiff must inform the Court whether he has sought review by the Appeals Council of the ALJ's April 3, 2019, decision, and, if so, whether this matter is still pending before the Appeals Council. Plaintiff should provide the Court with copies of any materials relating to any review of this matter by the Appeals Council. On or before September 30, 2019, plaintiff shall file a supplemental memorandum with the Court providing this information and attaching any relevant materials (i.e., a copy of any Appeals Council correspondence or decision). Failure to comply with the directives of this Order may result in the dismissal of the Complaint. It is so ordered. Signed by Judge Sarah A. L. Merriam on 09/10/2019. (Spangenburg, S.)
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Filing 9
RECOMMENDED RULING Denying #2 MOTION for Leave to Proceed in forma pauperis filed by Micah Bittle. The Court recommends that Plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED, without prejudice to re-filing. 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 . That sworn statement, however, is incomplete, leaving the Court unable to fully assess plaintiff's financial circumstances. Indeed, plaintiff has failed to provide any information concerning his current or prior employment, other property owned, and any debts plaintiff may have. See Doc. #2 at 3-5. "The court may deny an application to proceed in forma pauperis if [the applicant] fails to submit the required financial information[.]" Whatley v. Astrue, No. 5:11CV1009(NAM)(ATB), 2011 WL 5222908, at *1 (N.D.N.Y. Oct. 14, 2011), report and recommendation adopted, 2011 WL 5196716 (Oct. 31, 2011); Schwarz v. I.R.S., 998 F. Supp. 201, 202 (N.D.N.Y. 1998) (denying application to proceed in forma pauperis as incomplete where plaintiff failed to complete application). Accordingly, the Court recommends that plaintiff's #2 Motion for Leave to Proceed in forma pauperis be DENIED, without prejudice to re-filing. Plaintiff shall re-file his motion or pay the required filing fee on or before September 30, 2019, or this case may be dismissed. If plaintiff chooses to re-file his motion he must complete all of the required information, including current or prior employment, other property owned, any debts plaintiff may have, or any other information that is pertinent to his financial status. Plaintiff may indicate that his obligations are "$0" or that a particular question does not apply to his situation, but he may not leave significant sections of the affidavit form entirely blank. This is a recommended ruling. See Fed. R. Civ. P. 72(b)(1). Any objections to this recommended ruling must be filed with the Clerk of the Court within fourteen (14) days after the filing of this ruling. See Fed. R. Civ. P. 72(b)(2). "Any party receiving notice of an order or recommended ruling from the Clerk by mail shall have five (5) additional days to file any objection." D. Conn. L. Civ. R. 72.2(a). Plaintiff receives notice by mail. Accordingly, any objection must be filed on or before September 30, 2019. Failure to file an objection within this time frame will preclude appellate review. See 28 U.S.C. 636(b)(1); Rules 72, 6(a) and 6(d) of the Federal Rules of Civil Procedure; D. Conn. L. Civ. R. 72.2(a); Small v. Secretary of H.H.S., 892 F.2d 15 (2d Cir. 1989) (per curiam); F.D.I.C. v. Hillcrest Assoc., 66 F.3d 566, 569 (2d Cir. 1995). Signed by Judge Sarah A. L. Merriam on 09/10/2019. (Spangenburg, S.) Modified on 10/21/2019 to terminate motion (Gould, K.).
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| Filing 6 Docket Entry Correction re #3 Order CORRECTED JUDGE (Fazekas, J.) |
| Filing 8 MOTION By Self-Represented Litigant to Participate in Electronic Filing by Micah Bittle. Motions referred to Sarah A. L. Merriam(Fazekas, J.) |
| Filing 7 Consent to Electronic Notice by Micah Bittle. (Fazekas, J.) |
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R Underhill on 9/6/2019.(Fazekas, J.)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Stefan R Underhill on 9/6/2019.(Fazekas, J.)
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Filing 3
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 9/6/2019. (Attachments: #1 Consent Form)(Fazekas, J.) Modified on 9/9/2019 to correct judge (Fazekas, J.).
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Micah Bittle. Motions referred to Sarah A. L. Merriam(Fazekas, J.) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Micah Bittle.(Fazekas, J.) |
| Answer deadline updated for Commissioner of Social Security to 11/5/2019. (Fazekas, J.) |
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