Wyhs v. Commissioner of Social Security
| Jennifer Wyhs |
| Commissioner of Social Security |
| SSAOGC |
| 3:2023cv02195 |
| June 26, 2023 |
| US District Court for the Southern District of Illinois |
| Reona J Daly |
| David W Dugan |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
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Filing 15
ORDER SETTING SOCIAL SECURITY BRIEFING SCHEDULE: Defendant's brief due within 30 days after filing of plaintiff's brief. Signed by Magistrate Judge Reona J. Daly on 8/23/2023. (aza)
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| Filing 14 SUBMISSION OF TRANSCRIPT of Administrative Record. filed by Nathan E. Wyatt on behalf of Commissioner of Social Security. (Attachments: #1 002 Court Transcript Index 07-17-2023, #2 003 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 05-17-2021, #3 004 Payment Documents and Decisions 05-17-2021, #4 005 Jurisdictional Documents and Notices 05-17-2021, #5 006 Non Disability Related Development 05-17-2021, #6 007 Disability Related Development 05-17-2021, #7 008 Medical Records 05-17-2021, #8 009 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 11-15-2021, #9 010 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 07-17-2023, #10 011 Payment Documents and Decisions 07-17-2023, #11 012 Jurisdictional Documents and Notices 07-17-2023, #12 013 Non Disability Related Development 07-17-2023, #13 014 Disability Related Development 07-17-2023, #14 015 Medical Records 07-17-2023 Part 1, #15 016 Medical Records 07-17-2023 Part 2)(Wyatt, Nathan) |
| Filing 13 NOTICE: All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Accordingly, Magistrate Judge Reona J. Daly is ASSIGNED to conduct all proceedings in this case, including trial and final entry of judgment pursuant to 28 U.S.C. Sec. 636(c) and Federal Rule of Civil Procedure 73. All future documents must bear case number 23-cv-2195-RJD. Any District Judge previously assigned will no longer be assigned to this case. (jlrr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 12 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking 11 Case Assigned/Reassigned. Incorrect event selected. (jlrr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 11 STRICKEN-Per Order at document 10 , case reassigned to Magistrate Judge Reona J. Daly. Judge David W. Dugan no longer assigned to the case. (jlrr) Modified on 7/12/2023 (jlrr). |
| Magistrate Judge Reona J. Daly added per Order at doc. 10(jlrr) |
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Filing 10
ORDER OF REFERRAL: Upon consent of the parties, IT IS ORDERED that this case is referred to a United States Magistrate Judge to conduct all proceedings (including a jury or nonjury trial) and to order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. Signed by Judge David W. Dugan on 7/11/2023. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 9 NOTICE - All parties have consented to have a United States Magistrate Judge conduct all proceedings in this case. Nonetheless, to maintain an equalized docket and to foster efficiency, this action will not be referred to a magistrate judge at this time. See Administrative Order No. 347. Accordingly, until further notice, this case will remain with the assigned district judge. (aza)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. |
| Filing 8 FINAL CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Wyatt, Nathan) unsealed on 7/26/2023 (jlrr). |
| Filing 7 NOTICE of Appearance by Nathan E. Wyatt on behalf of Commissioner of Social Security (Wyatt, Nathan) |
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Filing 6
ORDER regarding Plaintiff's Application to Proceed in the District Court Without Prepaying Fees or Costs (Doc. 3). Such a motion may be granted if Plaintiff proves indigence by submitting an affidavit that includes a statement of assets and a showing of an inability to pay fees or security. See 28 U.S.C. 1915(a)(1). The Court shall deny Plaintiff's motion and dismiss the action if the allegation of poverty is untrue or if the action is frivolous or malicious, which means Plaintiff cannot make a rational legal or factual argument to support the claims. See id. 1915(e)(2)(A), (B)(i); Ledbetter v. Comm'r of Social Security, No. 20-912, 2020 WL 6395491, at *1 (S.D. Ill. 2020). Here, based on the affidavit, the Court is satisfied that Plaintiff is indigent. Further, the record does not suggest Plaintiff's claims are frivolous or malicious. Therefore, the Court GRANTS Plaintiff's request to Proceed in the District Court Without Prepaying Fees or Costs. The Court emphasizes that it may dismiss this action, at any time, if the action is deemed frivolous or malicious. See 28 U.S.C. 1915(e)(2)(B)(i). The Court's Notice of Commencement of Action at Doc. 4 suffices for service under Supplemental Rule 3. Accordingly, as stated at Doc. 4, Plaintiff need not serve a summons and complaint under Civil Rule 4. Signed by Judge David W. Dugan on 6/29/2023. (jnh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED.
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| Filing 5 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Van Fossan, Jennifer) unsealed on 7/26/2023 (jlrr). |
| Filing 4 Notice of Commencement of Action and Judge Assignment. Judge David W. Dugan assigned. An electronic copy of the Complaint is attached. All future documents must bear case number 3:23-cv-02195-DWD. This notice suffices for service under Supplemental Rule 3 as it provides a means of electronic access to the complaint to the SSAOGC and the U.S. Attorney for the Southern District of Illinois. Plaintiff need not serve a summons and complaint under Civil Rule 4. (aza) |
| Filing 3 First MOTION for Leave to Proceed in forma pauperis by Jennifer Wyhs. (Van Fossan, Jennifer) |
| Filing 2 COMPLAINT against Commissioner of Social Security, filed by Jennifer Wyhs. (Attachments: #1 Supplement ORIGINAL FILING FORM, #2 Civil Cover Sheet CIVIL COVERSHEET)(Van Fossan, Jennifer) |
| Filing 1 NOTICE of Appearance by Jennifer M. Van Fossan on behalf of Jennifer Wyhs (Van Fossan, Jennifer) |
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