Diblase v. Commissioner of Social Security
| Lynn Marie Diblase |
| Commissioner of Social Security |
| Social Security Administration |
| 3:2023cv00595 |
| May 8, 2023 |
| US District Court for the District of Connecticut |
| Michael P Shea |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on July 6, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 NOTICE by Commissioner of Social Security of filing of Unofficial Text-searchable Copy of Certified Administrative Record (Attachments: #1 Exhibit Unofficial text-searchable copy of Certified Administrative Record)(Molinaro, John) |
| Filing 15 Social Security Transcripts. (Molinaro, John) |
Filing 14
ORDER OF TRANSFER. Absent consent to a Magistrate Judge, this case is reassigned to Judge Michael P. Shea for all further proceedings. Signed by Clerk on 6/6/2023.(Anastasio, F.)
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Filing 13
ORDER finding as moot #2 Motion for Leave to Proceed in forma pauperis in light of this Court's 12 order granting Plaintiff's more recently filed #11 Motion for Leave to Proceed in forma pauperis. Signed by Judge Maria E. Garcia on 5/30/23. (Cabral, Donald)
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Filing 12
ORDER granting #11 Motion for Leave to Proceed in forma pauperis.Plaintiff has filed a motion seeking to proceed without payment of fees and costs, along with a financial affidavit. Plaintiff has fully completed the required information. Plaintiff asserts that Plaintiff is unable to afford to pay fees and costs. 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 Motion for Leave to Proceed in forma pauperis is GRANTED. The Court has also reviewed the Complaint (ECF no. 1) pursuant to 28 U.S.C. 1915(e)(2) and finds the claim is sufficient to proceed to service of process on the defendant. Signed by Judge Maria E. Garcia on 5/30/23. (Cabral, Donald)
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| Filing 11 MOTION for Leave to Proceed in forma pauperis by Lynn Marie Diblase. (Olinsky, Howard) |
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Filing 10
REMINDER: Standing ORDER on Social Security Appeals Signed by Judge Michael P. Shea on 5/15/2023. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 9 NOTICE of Appearance by John Molinaro on behalf of Commissioner of Social Security (Molinaro, John) |
| Filing 8 NOTICE OF INSUFFICIENCY: Plaintiff indicates in her financial affidavit in support of her motion for leave to proceed in forma pauperis that she has an estimated $309,800 of equity in her house (ECF No. 2, pp. 3-4), receives $1,325 monthly of mortgage public assistance (id. at 3), makes monthly payments of $1,325 on her house (id. at 4), that her $1,325 payments constitute all but $665 of her monthly obligations (id.), and that $665 of her monthly obligations are covered by her family(id. at 3). Plaintiff must establish that she is "unable to pay" by providing the Court the full picture of her financial situation. 28 U.S.C. 1915(a)(1). Therefore, Plaintiff must either (a) pay the filing fee or (b) submit a revised financial affidavit clarifying whether her $1,325 monthly mortgage payment is above the $1,325 of mortgage assistance received monthly, or whether it is entirely covered by the monthly assistance. If Plaintiff chooses to submit a revised financial affidavit, she must do so by June 2, 2023. Otherwise, Plaintiff must submit the filing fee by June 2, 2023. 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. Signed by Judge Maria E. Garcia on 5/12/23. (Cabral, Donald) |
| Judge Michael P. Shea and Judge Maria E. Garcia added. (Freberg, B) |
| Filing 7 Notice of New SSA Action: Electronic service of the complaint was made by the Clerk's Office upon the Social Security Office of General Counsel and the US Attorney's Office for the District of Connecticut. (Chartier, AnnMarie) |
| Filing 6 NOTICE to Counsel: Due to privacy restrictions on social security cases, absent both a consent to electronic notice and an approved motion for efiling privileges, counsel must mail paper copies to self-represented litigants Signed by Clerk on 5/8/2023.(Chartier, AnnMarie) |
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Filing 5
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 5/8/2023.(Chartier, AnnMarie)
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Filing 4
Standing ORDER Re: Social Security Cases Signed by Judge Michael P. Shea on 5/8/2023.(Chartier, AnnMarie)
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Filing 3
Standing ORDER on Social Security Appeals Signed by Judge Michael P. Shea on 5/8/2023. (Attachments: #1 Consent Form)(Chartier, AnnMarie)
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| Answer deadline updated for Commissioner of Social Security to 7/8/2023. (Chartier, AnnMarie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Lynn Marie Diblase. (Olinsky, Howard) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Lynn Marie Diblase. (Attachments: #1 Exhibit A: Notice of Appeal Council Action, #2 Civil Cover Sheet)(Olinsky, Howard) |
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