Santiago v. Commissioner of Social Security
| Ida J. Santiago |
| Commissioner of Social Security |
| Social Security Administration |
| 3:2021cv00578 |
| April 27, 2021 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 1383 |
| None |
Docket Report
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| Administrative Record deadline updated for Commissioner of Social Security to 8/27/2021. (Johnson, D.) |
Filing 16
ORDER: The defendant's consented-to motion for an extension of time until August 27, 2021 in which to file the Administrative Record (ECF No. #15 ) is granted. Signed by Judge Michael P. Shea on 6/23/21. (Constantine, A.)
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| Filing 15 Consent MOTION for Extension of Time until August 27, 2021 for Filing the Administrative Transcript by Commissioner of Social Security. (Attachments: #1 Affidavit)(Walker, Julia) |
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Filing 14
ORDER OF TRANSFER. Absent consent to a Magistrate Judge, this case has been reassigned to Judge Michael P. Shea for all further proceedings. Signed by Clerk on 6/7/2021.(Anastasio, F.)
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Filing 13
REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 5/18/2021. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 12 NOTICE of Appearance by Julia C. Walker on behalf of Commissioner of Social Security (Walker, Julia) |
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Filing 11
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The Court previously took plaintiff's Motion under advisement, because plaintiff stated that she and her husband own a house with an estimated value of $238,000. See Doc. #6. The Court wrote that it was "considering whether the substantial asset of the house, owned outright with no mortgage, makes the plaintiff ineligible for in forma pauperis status. Counsel shall file a supplemental memorandum in support of the motion, providing clarification of plaintiff's financial situation[.]" Id. Plaintiff has filed a supplemental memorandum. See Doc. #10 . The memorandum fails to address the issue raised by the Court in its order, i.e., whether plaintiff's outright ownership of her home makes her ineligible for in forma pauperis status. See Doc. #6. In addition, the memorandum states that plaintiff's "expenses associated with providing for her large family substantially outweigh her husband's income[.]" Doc. #10 at 3. However, in plaintiff's IFP Motion, she indicated that the family's monthly obligations total $1,260, and that her husband receives $1,190 per month in disability benefits. See Doc. #2 at 2-3. The Court notes that plaintiff asserts the family only pays $100 of their $400 bill for "[g]as/heating oil" each month. Id. at 4. Accepting that representation as true, it appears that the family's monthly obligations actually total $960. Despite these inconsistencies, the Court will grant plaintiff's Motion, accepting as true plaintiff's assertion that she "cannot afford to pay the required filing fee[]" at this time. Doc. #10 at 3; see also 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 5/13/2021. (Weis, Anne)
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| Filing 10 Memorandum in Support re #2 MOTION for Leave to Proceed in forma pauperis filed by Ida J. Santiago. (Olinsky, Howard) |
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Filing 9
ORDER. In response to this Court's previous Order, (Doc. # 7 ), plaintiff has filed an Amended Complaint, including her full social security number (Doc. #8 ). The Clerk of Court shall provide a copy of the Amended Complaint to the Commissioner of Social Security at the email addresses provided for this purpose. It is so ordered. Signed by Judge Sarah A. L. Merriam on 4/29/2021.(Weis, Anne)
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| Filing 8 AMENDED COMPLAINT including full SSN against Commissioner of Social Security, filed by Ida J. Santiago. (Attachments: #1 Exhibit A: Notice of Appeals Council Action)(Olinsky, Howard) |
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Filing 7
ORDER. The Court has reviewed plaintiff's Complaint (Doc. #1 ). The Complaint does not include plaintiff's full Social Security Number, as required by the Court's Standing Scheduling Order. See Doc. #4 at 2 ("All Complaints filed pursuant to this Order shall state the Plaintiff's full Social Security Number."). Without plaintiff's full Social Security Number, the Commissioner is unable to prepare the Administrative Record. Accordingly, plaintiff is hereby ORDERED to file either an Amended Complaint or a supplement to the Complaint providing plaintiff's full Social Security Number, on or before May 12, 2021. It is so ordered. Signed by Judge Sarah A. L. Merriam on 4/28/2021.(Weis, Anne)
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Filing 6
ORDER taking under advisement #2 Motion for Leave to Proceed in forma pauperis. Plaintiff has filed a motion seeking to proceed without payment of fees and costs, which includes a sworn statement as to plaintiff's current financial circumstances. See Doc. #2 . The information provided, without further clarification, is insufficient to enable the Court to determine whether plaintiff is able to pay the required filing fee. Plaintiff reports that she has never been employed, and that her spouse is not currently employed, and that they support nine children under the age of 18. See id. at 2-3. Plaintiff asserts that her spouse receives $1,190 per month in "SSD" benefits, but that the family's monthly obligations exceed that amount. Id. at 3-4. However, plaintiff also states that she and her husband own a house with an estimated value of $238,000. See id. She expressly states that the amount owed on the house is "0". Id. The Court is considering whether the substantial asset of the house, owned outright with no mortgage, makes the plaintiff ineligible for in forma pauperis status. Counsel shall file a supplemental memorandum in support of the motion, providing clarification of plaintiff's financial situation, on or before May 12, 2021. It is so ordered. Signed by Judge Sarah A. L. Merriam on 4/28/2021. (Weis, Anne)
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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 04/27/2021.(Fazekas, J.)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 04/27/2021.(Fazekas, J.)
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Filing 3
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 04/27/2021. (Attachments: #1 Consent Form)(Fazekas, J.)
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| Judge Stefan R. Underhill and Judge Sarah A. L. Merriam added. Motions referred to Sarah A. L. Merriam (Oliver, T.) |
| Answer deadline updated for Commissioner of Social Security to 6/28/2021. (Fazekas, J.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Ida J. Santiago. (Olinsky, Howard) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Ida J. Santiago. (Attachments: #1 Exhibit A: Notice of Appeals Council Action, #2 Civil Cover Sheet)(Olinsky, Howard) |
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