White v. Commisioner of Social Security
| Zanasia White |
| Commisioner of Social Security |
| 1:2024cv05799 |
| August 15, 2024 |
| U.S. District Court for the Eastern District of New York |
| Vera M Scanlon |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
Docket Report
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| Filing 4 NOTICE of Appearance by Anne M Zeigler on behalf of Commisioner of Social Security (aty to be noticed) (Zeigler, Anne) |
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. For questions on forms, Plaintiff may contact the Court's Brooklyn Pro Se Office at (718) 613-2665. For limited legal assistance, Plaintiff may contact the City Bar Justice Center Federal Pro Se Legal Assistance Project at https://www.citybarjusticecenter.org/projects/federal-pro-se-legal-assistance-project/ or (212) 382-4729. The Court will mail a copy of this Order to Zanasia White, 1736 Ralph Ave # 2E, Brooklyn, NY 11236. Ordered by Magistrate Judge Vera M. Scanlon on 8/26/2024. (JR)
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ORDER. Defendant will obtain and file the administrative record and any affirmative defenses under Rule 8(c) as Defendant's answer to Plaintiff's complaint within 60 days of the date of this Order. By 30 days after the filing of the administrative record, Plaintiff must send a written settlement proposal to the lawyer for the Commissioner, summarizing Plaintiff's strongest arguments, with specific references to the portions of the record supporting those arguments, to determine if the case can be resolved. By 30 days thereafter, the parties must file a stipulation dismissing, remanding or otherwise resolving the case, or a joint letter stating that they intend to proceed to briefing on their respective positions. If the parties are not able to resolve the case, Plaintiff will file and serve a motion for judgment on the pleadings 90 days after the filing of the administrative record. The Commissioner will file and serve its opposition to Plaintiff's motion 30 days after the filing of Plaintiff's motion. Plaintiff will file and serve a reply, if any, 30 days after the filing of Defendant's opposition to Plaintiff's motion. Plaintiff is informed that Plaintiff may file her respective papers by mail, overnight service or hand deliver to the Court at the following address: Office of the Clerk of Court, United States District Court, Eastern District of New York, 225 Cadman Plaza East, Brooklyn, NY 11201. ATTN: White v. Commissioner of Social Security, 24 Civ. 5799 (VMS).The requirement to provide to the Court the administrative record and to submit courtesy copies of the parties' briefs is waived. The parties' briefs shall comply with the page limits in the District's Administrative Order No. 2023-06 unless a party timely files a request for additional pages before the applicable brief is due.With regard to the description of the medical record, the parties are directed to refrain from referring to or citing any portion of the record unless that reference or citation (1) provides material support for the party's position or (2) is necessary to distinguish or explain as not adequately supporting a result contrary to the party's position. In other words, the Court does not need a rote recitation of medical evidence that does not relate to the parties' dispute, but only such evidence as needs to be considered in connection with the Court's review. To the extent a party's brief uses medical terminology not in common usage among laypersons, the brief shall explain the term, with a citation to a medical reference source supporting the definition. If the use of the term relates to the results of a medical test, the brief shall explain how those results bear on the finding of non-disability.Plaintiff and counsel for the Government are to confer as to whether they mutually consent to this action being handled solely by the assigned magistrate judge. If they do agree, they should file a fully executed consent form, a copy of which is at ECF No. #3 .The Court will mail a copy of this Order and the consent form to Plaintiff at 1736 Ralph Ave # 2E, Brooklyn, NY 11236.Ordered by Magistrate Judge Vera M. Scanlon on 8/26/2024. (JR)
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| Filing 3 Clerks Notice Re: Consent. A magistrate judge has been assigned as the presiding judge in this case as part of a Pilot Program, governed by EDNY Administrative Order 2023-23. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form is also available here: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. Unless all parties consent to the Magistrate Judge jurisdiction by the deadline set forth in the Administrative Order 2023-23, a District Judge will be assigned to the case. The parties are directed to review the terms of Administrative Order 2023-23 and other materials related to the Pilot Program on the Courts website: #https://www.nyed.uscourts.gov/edny-direct-assignment-pilot-program. (CV) |
| Notice: Social Security Case Service. Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk has issued a Notice of Electronic Case Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system, notifying the appropriate Regional Social Security Administration's Office of General Counsel and the United States Attorney's Office of the case.No summons shall issue.(Notice mailed to Pro Se Plaintiff via US Mail). Commisioner of Social Security served on 8/22/2024, answer due 10/21/2024. (CV) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Zanasia White. (CV) |
| Filing 1 COMPLAINT against Commisioner of Social Security, filed by Zanasia White. (Attachments: #1 Civil Cover Sheet) (CV) |
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| Defendant: Commisioner of Social Security | |
| Represented By: | SOCIAL SECURITY ADMINISTRATION - GENERIC |
| Represented By: | Anne M Zeigler |
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| Plaintiff: Zanasia White | |
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