Tirado v. Gifford
| Christina Tirado |
| Diedre S. Gifford and Andrew Saul |
| Social Security Administration |
| 3:2020cv01247 |
| August 25, 2020 |
| US District Court for the District of Connecticut |
| Sarah A L Merriam |
| Stefan R Underhill |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 |
| None |
Docket Report
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This docket was last retrieved on October 22, 2020. A more recent docket listing may be available from PACER.
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Filing 17
ORDER granting #16 the Defendant's motion for extension of time. The administrative record shall now be filed in this case by Monday, December 28, 2020. Signed by Judge Stefan R. Underhill on 10//22/2020. (Rosenberg, J.)
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| Filing 16 MOTION for Extension of Time until December 26, 2020 to File the Administrative Transcript by Andrew Saul. (Attachments: #1 Affidavit)(Walker, Julia) |
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Filing 15
ORDER OF TRANSFER. Absent consent to a Magistrate Judge, the case is reassigned to Judge Stefan R. Underhill for all further proceedings. Signed by Clerk on 10/14/2020.(Anastasio, F.)
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Filing 14
REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 9/24/2020. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 13 NOTICE of Appearance by Julia C. Walker on behalf of Andrew Saul (Walker, Julia) |
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Filing 12
ORDER. Plaintiff's #2 Motion for Leave to Proceed in forma pauperis is hereby TERMINATED, as moot, in light of the Court having granted plaintiff's re-filed motion. See Doc. #11. It is so ordered. Signed by Judge Sarah A. L. Merriam on 9/21/2020. (Katz, S.)
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Filing 11
ORDER. In accordance with the Court's August 31, 2020, Order (Doc. #7), the self-represented plaintiff has re-filed her #9 Motion for Leave to Proceed in forma pauperis. Plaintiff's re-filed motion seeks permission to proceed in this matter without payment of fees and costs, which motion includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #9 . Plaintiff has completed the required information. Plaintiff asserts that she is unable to afford to pay fees and costs, having no employment income and minimal assets. See generally id. at 3-4. Plaintiff also states that her monthly benefits are less than her monthly obligations. See id. at 3-5. Plaintiff also states that she receives "food stamps[.]" Id. at 5. 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 #9 Motion for Leave to Proceed in forma pauperis is GRANTED. Signed by Judge Sarah A. L. Merriam on 9/21/2020. (Katz, S.)
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| Filing 10 AMENDED COMPLAINT against Andrew Saul, filed by Christina Tirado. (Attachments: #1 copy of envelope) (Oliver, T.) |
| Filing 9 MOTION for Leave to Proceed in forma pauperis by Christina Tirado. (Attachments: #1 copy of envelope) (Oliver, T.) |
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Filing 8
ORDER. The self-represented plaintiff, on behalf of her minor son, has filed a Complaint for Review of a Social Security Disability or Supplemental Security Income Decision (Doc. #1 ). Plaintiff has filed the Complaint using a form complaint that is no longer used in this District. Plaintiff appears to seek review of a final decision by the federal Social Security Administration. See Doc. #1 at 5-11. Indeed, an order of the Appeals Council has been attached to the Complaint. See id. at 9-11. However, plaintiff names as the sole defendant the Connecticut Commissioner for the Department of Social Services, Deirdre S. Gifford. See id. at 1-2, 5. Ms. Gifford is not the appropriate defendant if plaintiff seeks review of a final decision by the Social Security Administration. See Smith v. Comm'r of Soc. Sec., No. 20CV01384(MKB), 2020 WL 2744132, at *2 (E.D.N.Y. May 26, 2020) ("The only proper defendant in a challenge to a decision by the Social Security Administration is the Commissioner of Social Security.").Accordingly, if plaintiff wishes to proceed with this case, plaintiff shall file an Amended Complaint, by using the form complaint currently used in this District, a copy of which is attached to this Order. The Amended Complaint must name as the defendant only the Commissioner of Social Security, if plaintiff does indeed seek to challenge a decision of the Social Security Administration.Plaintiff shall file an Amended Complaint on or before September 21, 2020, or this case may be dismissed. It is so ordered. Signed by Judge Sarah A. L. Merriam on 8/31/2020. (Katz, S.)
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Filing 7
ORDER. The self-represented plaintiff has filed a motion seeking to proceed in this matter without the payment of fees and costs. (Doc. #2 ). Plaintiff's motion has been filed using a form application provided by the State of Connecticut Superior Court, which is not appropriate for use in this Court.If plaintiff wishes to proceed in this matter without paying the applicable fees and costs, she must re-file her motion using the form provided by this Court, a copy of which is attached to this Order. Plaintiff shall re-file her motion on or before September 21, 2020, or this matter may be dismissed. It is so ordered. Signed by Judge Sarah A. L. Merriam on 8/31/2020. (Katz, S.)
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| Filing 6 NOTICE TO SELF-REPRESENTED PARTIES Signed by Clerk on 08/26/2020.(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 08/25/2020.(Fazekas, J.)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 08/25/2020.(Fazekas, J.)
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Filing 3
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 08/25/2020.(Fazekas, J.)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Christina Tirado. (Fazekas, J.) |
| Filing 1 COMPLAINT against Diedre S. Gifford, filed by Christina Tirado.(Fazekas, J.) |
| Answer deadline updated for Diedre S. Gifford to 10/26/2020. (Fazekas, J.) |
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