Fernandez v. Commissioner of Social Security
| Hector Fernandez |
| Commissioner of Social Security |
| Social Security Administration |
| 3:2021cv00958 |
| July 12, 2021 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Sarah A L Merriam |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 0405 dc |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 2, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Answer deadline updated for Commissioner of Social Security to 10/1/2021. (Wood, R.) |
Filing 19
ORDER granting in part and denying in part #18 Motion for Extension of Time. Since the plaintiff's position on the extension is unknown, the motion is granted only through October 1, 2021 and otherwise denied without prejudice. If another motion becomes necessary, (a) the Commissioner shall attempt to discern the plaintiff's position at least a week in advance and (b) in addition to the requirements of Local Rule 7, the motion shall include a statement of the then-current status of the Commissioner's efforts to produce the record in this case, as opposed to her efforts to produce records generally. It is so ordered. Signed by Judge Thomas O. Farrish on 09/02/2021. (Farrish, Thomas)
|
| Filing 18 First MOTION for Extension of Time until November 9, 2021 to file certified administrative record by Commissioner of Social Security. (Stewart, Sean) |
| Filing 17 NOTICE of Appearance by Sean Stewart on behalf of Commissioner of Social Security (Stewart, Sean) |
| Filing 16 CONSENT to Jurisdiction by US Magistrate Judge by Commissioner of Social Security, Hector Fernandez. Case reassigned to Magistrate Judge Thomas O. Farrish. This matter has been transferred to a magistrate judge. All non-efiled submissions should be filed at the seat of court where the magistrate judge presides. The case number will remain the same, but must be followed by the magistrate judge's initials. Signed by Judge Stefan R. Underhill on 8/24/2021.(Anastasio, F.) |
| Filing 15 NOTICE - Claimant's Pre-Hearing Memorandum by Hector Fernandez (Oliver, T.) |
| Filing 14 NOTICE re: Consent to Magistrate Judge by Hector Fernandez (Oliver, T.) |
|
Filing 13
REMINDER: STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 7/26/2021. (Attachments: #1 Consent Form)(Anastasio, F.)
|
| Filing 12 NOTICE of Appearance by Julia C. Walker on behalf of Commissioner of Social Security (Walker, Julia) |
|
Filing 11
ORDER denying #3 Motion for Appointment of Counsel, without prejudice, as premature. The Second Circuit has "held that in determining whether to appoint counsel for an indigent litigant a district court judge should first consider whether the indigent's position seems likely to be of substance, then assess the litigant's competence to proceed pro se, the complexity of the issues, and additionally any special reason in that case why appointment of counsel would be more likely to lead to a just determination." Machadio v. Apfel, 276 F.3d 103, 10708 (2d Cir. 2002) (citation and internal quotation marks omitted). In considering a motion for appointment of counsel, the Court's first inquiry is "whether the claimant has met a threshold showing of some likelihood of merit." Johnston v. Maha, 606 F.3d 39, 41 (2d Cir. 2010) (citation and quotation marks omitted). The Commissioner has not filed the Administrative Transcript for this case. Without the Administrative Transcript, the Court is unable to assess the likely merits of plaintiff's claims. The Commissioner is currently required to file the Transcript on or before September 10, 2021. After the Transcript has been filed, the Court will be in a better position to evaluate the merits of plaintiff's claim. Therefore, plaintiff's Motion for Appointment of Counsel (Doc. #3 ) is DENIED, without prejudice, as premature. Plaintiff may re-file his motion after the Administrative Transcript has been filed. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/15/2021. (Weis, Anne)
|
|
Filing 10
ORDER granting #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 . Plaintiff asserts that he is not employed, receives government benefits, and has no assets or cash on hand. Id. at 3-4. At this stage, such allegations are sufficient to establish that plaintiff is unable to pay the ordinary filing fees required by the Court. 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 7/15/2021. (Weis, Anne)
|
|
Filing 9
ORDER. The Court has reviewed plaintiff's Complaint (Doc. #1 ). The Complaint form requests that a plaintiff state the date on which the Administrative Law Judge issued a decision, and the date on which the Appeals Council denied plaintiff's request for review or issued a decision, if the case was appealed to the Appeals Council. Plaintiff's Complaint does not include those dates. See Doc. #1 at 2. Without this information, the Court is unable to determine whether plaintiff's Complaint is timely. A plaintiff must file any civil action seeking review of a final decision of the Commissioner within 60 days of receiving notice of that decision, unless the time is extended. See 42 U.S.C. 405(g). Accordingly, plaintiff shall file a copy of the ALJ's decision denying his claim, and any decision or notice from the Appeals Council declining to review his case. Plaintiff shall file a copies of these decisions on the docket on or before Friday, August 6, 2021. Plaintiff is advised that failure to file a copy of these documents may result in dismissal of this case. It is so ordered. Signed by Judge Sarah A. L. Merriam on 7/15/2021.(Weis, Anne)
|
| Filing 8 NOTICE TO SELF-REPRESENTED PARTIES Signed by Clerk on 07/12/2021.(Fazekas, J.) |
|
Filing 7
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Stefan R. Underhill on 07/12/2021.(Fazekas, J.)
|
|
Filing 6
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 07/12/2021.(Fazekas, J.)
|
|
Filing 5
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 07/12/2021. (Attachments: #1 Consent Form)(Fazekas, J.)
|
| Filing 3 MOTION to Appoint Counsel by Hector Fernandez. (Fazekas, J.) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Hector Fernandez. (Fazekas, J.) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Hector Fernandez.(Fazekas, J.) |
| Answer deadline updated for Commissioner of Social Security to 9/10/2021. (Fazekas, J.) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Connecticut District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
