Fischer v. Commissioner of Social Security
| Sandra E. Fischer |
| Commissioner of Social Security |
| Social Security Administration |
| 3:2022cv00696 |
| May 26, 2022 |
| US District Court for the District of Connecticut |
| Thomas O Farrish |
| Stefan R Underhill |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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Filing 11
SCHEDULING ORDER: The Government having filed its administrative record (Doc. No. 10), the court hereby enters the following Scheduling Order: Plaintiff shall file a motion to reverse and/or remand, supporting memorandum of law, and statement of material facts on or before September 19, 2022. Defendant shall file a motion to affirm or a motion for voluntary remand, supporting memorandum of law, and statement of material facts on or before November 18, 2022. Plaintiff may file a reply brief pursuant to Local Rule 7(d) on or before December 2, 2022. Prior to the filing of any dispositive motions, counsel are encouraged to confer regarding the merits of the case in an effort to determine whether a reversal and voluntary remand are appropriate. The court reminds the parties of the previously filed Standing Scheduling Order which sets forth page limits and form and content requirements for motions, supporting memoranda, and statement of materials facts. (Doc. No. 4) The parties should avoid boilerplate discussions of the governing legal standards as the court is familiar with the standard of review and the sequential evaluation process employed in the analysis of Social Security disability applications. The parties should focus on informing the court of relevant and controlling legal authority and applying it to the facts of this case. Motions filed by the parties must comply with the requirements set forth above and in the Local Rules of Civil Procedure. Failure to comply may result in denial of the motion. Requests for extensions of these deadlines are discouraged and, unless unusual circumstances dictate otherwise, counsel should not seek an extension of greater than 30 days. Any motion for extension of a deadline must include a showing of good cause as required by Local Rule 7(b)(2) and must be filed at least three days before the existing deadline. Dispositive Motions due by 9/19/2022 Signed by Judge Stefan R. Underhill on 7/22/22. (Caldero, M.)
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| Filing 10 Social Security Transcripts. (Attachments: #1 Certificate of Service of CAR on pro se Plaintiff)(Fitzhugh, Nicol) |
| Filing 9 NOTICE of Appearance by Nicol Fitzhugh on behalf of Commissioner of Social Security (Fitzhugh, Nicol) |
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Filing 8
ORDER denying as moot #2 Motion for Leave to Proceed in forma pauperis. The plaintiff has paid the filing fee. Signed by Judge Thomas O. Farrish on 06/27/2022. (Farrish, Thomas)
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| Filing fee received from Sandra E. Fischer: $402.00, receipt number BPT13026. (Fanelle, N.) |
| Filing 7 NOTICE OF INSUFFICIENCY. Plaintiff's motion for leave to proceed in forma pauperis states that she has a monthly income of $2,541 per month but her expenses total $4,021 per month. She does not explain how she supports herself on an income that is substantially less that her monthly expenses. Plaintiff must establish her "inability to pay" by providing the Court the full picture of her financial situation. See, e.g., Pierre v. City of Rochester, No. 16-CV-6428 CJS, 2018 WL 10072449, at *1 (W.D.N.Y. Dec. 13, 2018). Therefore, Plaintiff must either (a) pay the filing fee or (b) submit a revised financial affidavit explaining how she supports herself - and, if she receives support from another person, provide a statement of that person's resources and ability to pay the filing fee. If the plaintiff chooses to submit a revised financial affidavit, she must do so by June 27, 2022. The plaintiff is respectfully advised that, if she neither pays the filing fee nor obtains leave to proceed in forma pauperis, her case may be dismissed.The Clerk of the Court is respectfully directed to mail a copy of this Notice to the Plaintiff at her address of record, and to note on the docket that she has done so. Signed by Judge Thomas O. Farrish on 06/06/2022.(Farrish, Thomas) |
| Filing 6 NOTICE to Self-Represented Parties Signed by Clerk on 5/31/2022.(Carr, Dave) |
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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 5/26/2022.(Carr, Dave)
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Filing 4
STANDING SCHEDULING ORDER Signed by Judge Stefan R. Underhill on 5/26/2022.(Carr, Dave)
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Filing 3
STANDING ORDER ON SOCIAL SECURITY APPEALS Signed by Judge Stefan R. Underhill on 5/26/2022. (Attachments: #1 Consent Form)(Carr, Dave)
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Sandra E. Fischer. (Carr, Dave) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Sandra E. Fischer.(Carr, Dave) |
| Answer deadline updated for Commissioner of Social Security to 7/25/2022. (Carr, Dave) |
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