Talyosef v. Commissioner of Social Security
| Caryn Talyosef |
| Commissioner of Social Security |
| Social Security Administration |
| 3:2023cv00676 |
| May 23, 2023 |
| US District Court for the District of Connecticut |
| Maria E Garcia |
| Michael P Shea |
| Robert M Spector |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 1383 Review of SSA Decision SSID - SSI Disability Cases |
| None |
Docket Report
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This docket was last retrieved on June 15, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER denying #16 Motion for Judgment. The motion is DENIED without prejudice to renew for the reasons stated in the Court's order. Doc. No. 25. Signed by Judge Robert M. Spector on June 15, 2023. (Salguero, Carlos)
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Filing 26
ORDER denying #17 Motion for Judgment. The motion is DENIED without prejudice to renew for the reasons stated in the Court's order. Doc. No. 25. Signed by Judge Robert M. Spector on June 15, 2023. (Salguero, Carlos)
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Filing 25
ORDER: This Social Security appeal was initiated on May 23, 2023. Doc. No. 1. On May 30, 2023, the plaintiff, who proceeding pro se, subsequently filed two motions for judgement on the pleadings pursuant to Rule 12(c). Doc. Nos. 16, 17. This was done prior to the Commissioner's answer. The Commissioner has replied, explaining that the Commissioner's answer is due July 24, 2023. Doc. No. 23. This is correct. Understandably, the plaintiff may have misunderstood the Court's Standing Order in Social Security Cases which states, in relevant part, that "The Commissioner's response to the complaint is governed by Rule 4 of the 'Supplemental Rules for Social Security Actions Under 42 U.S.C. 405(g)[.]'" Standing Order at II.a, Doc. No. 8. In turn, Rule 4 of the Supplemental Rules provides that the Commissioner's "answer may be limited to a certified copy of the administrative record" and that "[a]n answer must be served on the plaintiff within 60 days after notice of the action is given." See Rule 4(a), (b) (emphasis added). The Court notes that the Supplemental Rules are not directly available on its website, but that they are linked to the Federal Rules of Civil Procedure found under "Rules and Orders," and specifically found at the Appendix at pages 119-121. See https://www.uscourts.gov/sites/default/files/federal_rules_of_civil_procedure_december_1_2022_0.pdfHere, the Complaint was noticed to the Commissioner on May 23, 2023, and thus the Commissioner has 60 days, i.e., until June 24, 2023, to answer the Complaint by filing a Certified Administrative Record. See Doc. No. 12; Supplemental Rule 3, 4. Given the foregoing, without an answer the plaintiff's two motions for judgment on the pleadings are improper and unripe for review at this time. Thus, these two motions will be DENIED without prejudice to renew. Once the Commissioner has filed her answer in the form of the Certified Administrative Record, pursuant to the Standing Order, the plaintiff will have thirty (30) days to file a motion entitled as a "Motion to Reverse the Decision of the Commissioner" (as opposed to a 12(c) motion), her memorandum of law, and any other submissions. Standing Order at III.a. The plaintiff is counseled to review the Standing Order to ensure she complies with its requirements, including requirement that "any fact set forth shall be supported by specific page citation to the Certified Administrative Record" which will be filed by the Commissioner. To be sure, the undersigned will also issue a scheduling order confirming these dates for the parties at the appropriate time after answer. Lastly, given the plaintiff's pro se status, the plaintiff is encouraged to review the District of Connecticut's Guide for Pro Se Litigants, which is available on the Court's website, https://ctd.uscourts.gov, for information concerning litigating a case as a self-represented party, and to contact the New Haven Legal Assistance Association's Federal Pro Se Legal Assistance program, which may be able to provide advice in this matter, through its website, https://nhlegal.org/federalprose. It is so ordered. Signed by Judge Robert M. Spector on June 15, 2023.(Salguero, Carlos)
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| Filing 24 REPLY to Response to #17 MOTION for Judgment on the Pleadings filed by Caryn Talyosef. (Talyosef, Caryn) |
| Filing 23 RESPONSE filed by Commissioner of Social Security. (Jurrens, Erin) |
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Filing 22
ELECTRONIC FILING ORDER - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. SELF-REPRESENTED FILERS ARE REQUIRED TO COMPLY WITH THE JUDGE'S STANDARD ELECTRONIC FILING ORDER WHICH IS ATTACHED. Signed by Judge Robert M. Spector on 6/7/2023.(Langello, Nicholas)
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Filing 21
ORDER granting #5 motion for the plaintiff to Participate in Electronic Filing. Signed by Judge Robert M. Spector on June 7, 2023. (Salguero, Carlos)
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| Filing 20 CONSENT to Jurisdiction by US Magistrate Judge by Commissioner of Social Security, Caryn Talyosef. Case reassigned to Magistrate Judge Robert M. Spector. 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 Michael P. Shea on 6/1/2023.(Anastasio, F.) |
| Filing 19 ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed by Caryn Talyosef. (Peterson, M) |
| Filing 18 NOTICE, Consent and Reference of a Civil Action to a Magistrate Judge by Caryn Talyosef (Peterson, M) |
| Filing 17 MOTION for Judgment by Caryn Talyosef. Responses due by 6/20/2023 (Attachments: #1 Memorandum in Support, #2 Exhibits, #3 Letter) (Peterson, M) |
| Filing 16 MOTION for Judgment by Caryn Talyosef. Responses due by 6/20/2023 (Attachments: #1 Exhibit, #2 Envelope) (Peterson, M) |
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Filing 15
REMINDER: Standing ORDER on Social Security Appeals Signed by Judge Michael P. Shea on 5/30/2023. (Attachments: #1 Consent Form)(Anastasio, F.)
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| Filing 14 NOTICE of Appearance by Erin Jurrens on behalf of Commissioner of Social Security (Jurrens, Erin) |
| Filing 13 Docket Entry Correction re #7 Order to attach AO85 Consent Form (Chartier, AnnMarie) |
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Filing 6
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, along with a financial affidavit. Plaintiff has fully completed the required information. She asserts that she 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 5/25/23. (Esposito, A.)
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| Filing 12 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 11 NOTICE to Self-represented Parties Signed by Clerk on 5/23/2023.(Chartier, AnnMarie) |
| Filing 10 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 5/23/2023.(Chartier, AnnMarie) |
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Filing 9
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P. Shea on 5/23/2023.(Chartier, AnnMarie)
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Filing 8
Standing ORDER Re: Social Security Cases Signed by Judge Michael P. Shea on 5/23/2023.(Chartier, AnnMarie)
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Filing 7
Standing ORDER on Social Security Appeals. Signed by Judge Michael P. Shea on 5/23/2023.(Chartier, AnnMarie) (Additional attachment(s) added on 5/25/2023: #1 Consent Form) (Chartier, AnnMarie).
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| Answer deadline updated for Commissioner of Social Security to 7/23/2023. (Chartier, AnnMarie) |
| Filing 5 MOTION by Self-Represented Litigant to Participate in Electronic Filing by Caryn Talyosef. (Chartier, AnnMarie) |
| Filing 4 Consent to Electronic Notice by Caryn Talyosef (Chartier, AnnMarie) |
| Filing 3 Appearance Self Represented Party by Caryn Talyosef (Chartier, AnnMarie) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Caryn Talyosef. (Chartier, AnnMarie) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Caryn Talyosef.(Chartier, AnnMarie) |
| Judge Michael P. Shea and Judge Maria E. Garcia added. (Freberg, B) |
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