Anderson v. Commissioner of Social Security
| Jason E. Sullivan and Kenneth Anderson |
| Commissioner, Social Security Administration and Commissioner of Social Security |
| Social Security Regional Administrator - NEF Only and SSAOGC |
| 3:2021cv00814 |
| July 15, 2021 |
| U.S. District Court for the Southern District of Illinois |
| Stephen P McGlynn |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 |
| None |
Docket Report
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Filing 40
ORDER GRANTING #39 Motion to Remand to Social Security Administration. It is ORDERED that this matter is REMANDED to the agency for further proceedings pursuant sentence six of 42 U.S.C. 405 (g). A sentence six remand is for the purpose of receipt of new evidence, but does not determine whether the Commissioner's decision as rendered was correct. Accordingly, this Court retains jurisdiction. Signed by Judge Stephen P. McGlynn on 8/26/2021. (anb2)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 39 MOTION to Remand to Social Security Administration under Sentence Six of 42 USC 405(g), with consent of Plaintiff by Commissioner of Social Security. Responses due by 9/27/2021 (Payne, Lindsay) |
| Filing 38 NOTICE of Appearance by Lindsay Beyer Payne on behalf of Commissioner of Social Security (Payne, Lindsay) |
| Filing 37 Letter to Stephanie Johnson and Pamela Atkins regarding admission (amv) |
| Filing 36 Case transferred in from District of Georgia Northern; Case Number 1:20-cv-00855. Original file certified copy of transfer order and docket sheet received. |
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Filing 35
ORDER - After carefully considering the #33 Final Report and Recommendation of the magistrate judge and finding no error, the court receives the report and recommendation with approval and adopts it as the opinion and order of this court. The clerk is directed to transfer this case to the United States District Court for the Southern District of Illinois. Signed by Judge Charles A. Pannell, Jr. on 7/14/2021. (tcc) [Transferred from Georgia Northern on 7/15/2021.]
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| Civil Case Terminated. (tcc) [Transferred from Georgia Northern on 7/15/2021.] |
| Case transferred electronically to District of USDC SD IL. (tcc) [Transferred from Georgia Northern on 7/15/2021.] |
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Filing 34
ORDER for Service of #33 Final Report and Recommendation by Magistrate Judge Linda T. Walker. Each party may file written objections to the Report & Recommendation within 14 days of service. If no objections are filed, the Report & Recommendation may be adopted as the opinion and order of the District Court. Signed by Magistrate Judge Linda T. Walker on 6/25/2021. (tcc) [Transferred from Georgia Northern on 7/15/2021.]
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| Filing 33 FINAL REPORT AND RECOMMENDATION re #3 Complaint. Signed by Magistrate Judge Linda T. Walker on 6/25/2021. (tcc) [Transferred from Georgia Northern on 7/15/2021.] |
| (Contained w/in #33 Final R&R) FINAL REPORT AND RECOMMENDATION RECOMMENDS that the Commissioners Motion to Transfer ([Doc. #27 ]) be GRANTED and that the Clerk be directed to TRANSFER this case to the United States District Court for the Southern District of Illinois. As this is a final Report and Recommendation and there are no other matters pending before this Court, the Clerk is directed to terminate the reference to the undersigned. Signed by Magistrate Judge Linda T. Walker on 6/25/2021. (tcc) [Transferred from Georgia Northern on 7/15/2021.] |
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Filing 32
ORDER granting #30 Motion for Leave to File Document Out of Time. Signed by Magistrate Judge Linda T. Walker on April 13, 2021. (LTW) [Transferred from Georgia Northern on 7/15/2021.]
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| Filing 31 RESPONSE re #27 MOTION to Transfer Case, MOTION to Dismiss filed by Jason E. Sullivan. (Atkins, Pamela) [Transferred from Georgia Northern on 7/15/2021.] |
| Filing 30 MOTION for Leave to File Out of Time Response to Defendant's Motion to Transfer Venuefiled currently hereto by Jason E. Sullivan. (Atkins, Pamela) [Transferred from Georgia Northern on 7/15/2021.] |
| Submission of #27 MOTION to Transfer Case MOTION to Dismiss, to Magistrate Judge Linda T. Walker. (tcc) [Transferred from Georgia Northern on 7/15/2021.] |
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Filing 29
ORDER GRANTING #28 Motion to Stay. It is ORDERED that this case is stayed until such time as this Court rules on Defendant's Motion for Transfer or in the Alternative to Dismiss. Signed by Magistrate Judge Linda T. Walker on 3/16/2021. (tcc)[Transferred from Georgia Northern on 7/15/2021.]
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| Filing 28 Fourth MOTION to Stay by Commissioner, Social Security Administration. (Attachments: #1 Text of Proposed Order)(Johnson, Stephanie) [Transferred from Georgia Northern on 7/15/2021.] |
| Filing 27 MOTION to Transfer Case by Commissioner, Social Security Administration. (Johnson, Stephanie) . Added MOTION to Dismiss on 3/16/2021 (tcc). [Transferred from Georgia Northern on 7/15/2021.] |
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Filing 26
ELEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 03/09/2021 (mmc) (ADI) [Transferred from Georgia Northern on 7/15/2021.]
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Filing 25
TENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 01/27/2021. (mmc) (ADI) [Transferred from Georgia Northern on 7/15/2021.]
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Filing 24
ORDER granting #23 Joint MOTION to Stay upon consideration of Defendant's Status Report, it is ORDERED that this case is stayed for an additional sixty (60) days. Signed by Magistrate Judge Linda T. Walker on 01/13/2021. (bdb) [Transferred from Georgia Northern on 7/15/2021.]
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| Filing 23 Joint MOTION to Stay by Commissioner, Social Security Administration. (Attachments: #1 Text of Proposed Order)(Johnson, Stephanie) [Transferred from Georgia Northern on 7/15/2021.] |
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Filing 22
NINTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 12/08/2020. (mmc) (ADI) [Transferred from Georgia Northern on 7/15/2021.]
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Filing 21
ORDER - The Commissioner is hereby allowed to stay proceedings in this case for ninety (90) days. In the event the Commissioner is unable to file the certified paper administrative record and his Answer within ninety (90) days of the date of this Order, the Commissioner will provide a status update and updated stay request by the ninetieth day of this Order. Signed by Magistrate Judge Linda T. Walker on 10/14/2020. (tcc) [Transferred from Georgia Northern on 7/15/2021.]
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| Filing 20 STATUS REPORT and AMENDED SECOND MOTION to Stay by Commissioner, Social Security Administration. (Attachments: #1 Text of Proposed Order)(tcc) [Transferred from Georgia Northern on 7/15/2021.] |
| Filing 19 NOTICE by Commissioner, Social Security Administration re #18 Second MOTION to Stay Proceedings to File the Paper Certified Administrative Record and Answer to Plaintiff's Complaint (Attachments: #1 Motion, #2 Text of Proposed Order)(Johnson, Stephanie) Modified on 10/7/2020, attached status report and amended motion docketed as ECF #20 (tcc). [Transferred from Georgia Northern on 7/15/2021.] |
| Filing 18 Second MOTION to Stay Proceedings to File the Paper Certified Administrative Record and Answer to Plaintiff's Complaint by Commissioner, Social Security Administration. (Attachments: #1 Text of Proposed Order)(Johnson, Stephanie) [Transferred from Georgia Northern on 7/15/2021.] |
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Filing 17
EIGHTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 09/28/2020. (aaq) (ADI) [Transferred from Georgia Northern on 7/15/2021.]
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Filing 16
SEVENTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 9/1/2020. (adg) (ADI) [Transferred from Georgia Northern on 7/15/2021.]
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Filing 15
SIXTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 08/03/2020. (ddm) (ADI) [Transferred from Georgia Northern on 7/15/2021.]
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Filing 14
FIFTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONAVIRUS. Signed by Judge Thomas W. Thrash, Jr. on 7/10/2020 (ddm) (ADI) [Transferred from Georgia Northern on 7/15/2021.]
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Filing 13
ORDER granting #12 Motion to Stay. Defendant is allowed to stay proceedings in this case for ninety (90) days while the agency works to regain the capacity to produce the paper certified transcript of the record necessary to answer and adjudicate this case. In the event Defendant is unable to file the certified paper administrative record and its Answer within ninety (90) days of the date of this Order, Defendant will provide an update on the status of the Social Security Administration's Office of Appellate Operations by the ninetieth day of this Order. Signed by Magistrate Judge Linda T. Walker on 7/8/2020. (bnp) [Transferred from Georgia Northern on 7/15/2021.]
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| Filing 12 Unopposed MOTION to Stay Proceedings to File the Paper Certified Administrative Record and Answer to Plaintiffs Complaint by Commissioner, Social Security Administration. (Attachments: #1 Declaration, #2 Text of Proposed Order)(Johnson, Stephanie) [Transferred from Georgia Northern on 7/15/2021.] |
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Filing 11
FOURTH AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 07/01/2020. (dgs) (ADI) [Transferred from Georgia Northern on 7/15/2021.]
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Filing 10
THIRD AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 05/26/2020. (aaq) (ADI) [Transferred from Georgia Northern on 7/15/2021.]
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Filing 9
SECOND AMENDMENT TO GENERAL ORDER 20-01 RE: COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 04/30/2020. (dgs) (ADI) [Transferred from Georgia Northern on 7/15/2021.]
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| Filing 8 Return of Service Executed by Jason E. Sullivan. All Defendants. (Atkins, Pamela) [Transferred from Georgia Northern on 7/15/2021.] |
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Filing 7
Amended General Order 20-01 re COURT OPERATIONS UNDER THE EXIGENT CIRCUMSTANCES CREATED BY COVID-19 AND RELATED CORONA VIRUS. Signed by Judge Thomas W. Thrash, Jr. on 3/30/20. (jpa) (ADI) [Transferred from Georgia Northern on 7/15/2021.]
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| Filing 6 Electronic Summons Issued as to U.S. Attorney, NDGa..(tcc) [Transferred from Georgia Northern on 7/15/2021.] |
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Filing 5
GENERAL ORDER 20-01 IN RE: Court Operations Under The Exigent Circumstances Created By COVID-19 and Related Coronavirus. Signed by Judge Thomas W. Thrash, Jr. on 3/16/2020. (tcc) [Transferred from Georgia Northern on 7/15/2021.]
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| Filing 4 Electronic Summons Issued as to Commissioner, Social Security Administration, U.S. Attorney and U.S. Attorney General. (Attachments: #1 Summons U.S. Attorney General, #2 Summons U.S. Attorney for the Northern District of Georgia (Wrong PDF Attached), #3 Summons Social Security Administration)(tcc) Modified on 3/26/2020 (tcc). [Transferred from Georgia Northern on 7/15/2021.] |
| Filing 3 COMPLAINT filed by Jason E. Sullivan. (Attachments: #1 Exhibit EAJA Assignment, #2 Exhibit Order of Guardianship, #3 Exhibit Public Guardian Budget, #4 Civil Cover Sheet)(tcc) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. [Transferred from Georgia Northern on 7/15/2021.] |
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Filing 2
ORDER - Plaintiff's request to proceed in forma pauperis without prepayment of fees or costs IS HEREBY GRANTED. (Doc. #1 ). Counsel has signed the Complaint as an indication that Plaintiff's claim is not frivolous. 28 U.S.C. 1915(e); Fed. R. Civ. P. 11. (Doc. 1-1). Therefore, this action shall proceed as any other civil action. Counsel for Plaintiff shall be charged with serving Defendant. Fed. R. Civ. P. 4(c)(2). Signed by Magistrate Judge Linda T. Walker on 2/27/2020. (tcc)[Transferred from Georgia Northern on 7/15/2021.]
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| Submission of #1 APPLICATION for Leave to Proceed in forma pauperis, to Magistrate Judge Linda T. Walker. (tcc) [Transferred from Georgia Northern on 7/15/2021.] |
| Filing 1 APPLICATION for Leave to Proceed in forma pauperis by Jason E. Sullivan. (Attachments: #1 Complaint, #2 Exhibit EAJA Assignment, #3 Exhibit Order of Guardianship, #4 Exhibit Public Guardian Budget, #5 IFP Motion, #6 IFP Short Form, #7 IFP Affidavit, #8 Civil Cover Sheet, #9 Summons US ATTY GENERAL, #10 Summons US ATTY NDGA, #11 Summons REGION IV, #12 Summons GENERAL COUNSEL SSA)(tcc) [Transferred from Georgia Northern on 7/15/2021.] |
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