Benjamin v. O'Malley
| Charles Benjamin |
| Martin O'Malley |
| 8:2024cv01232 |
| October 8, 2024 |
| U.S. District Court for the Northern District of New York |
| Miroslav Lovric |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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| Document Text |
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| Filing 15 PLAINTIFF'S BRIEF by Charles Benjamin. Defendant Brief due by 1/9/2025. (Schneider, Mark) |
Filing 14
TEXT ORDER: Plaintiffs Consent Letter Motion #13 to increase the page limit to 46 pages for Plaintiffs initial brief and Defendants response brief is GRANTED. The parties are reminded that the 46 pages is an upper limit, and not a requirement. Prior to filing, the parties should review their briefs to excise any extraneous material that is not necessary to advance their clients arguments. This Order does not alter the limit of ten pages found in General Order 18 for any reply brief filed by Plaintiff. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/25/2024. (jdc )
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| Filing 13 Consent Letter Motion from Mark Schneider for Charles Benjamin requesting Additional Pages for Social Security Appeal Brief submitted to Judge Lovric . (Schneider, Mark) |
| Filing 12 Social Security Administrative Record / Transcript. Plaintiff Brief due by 1/6/2025. (Attachments: #1 Transcript 002 Court Transcript Index, #2 Transcript 003 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable, #3 Transcript 004 Payment Documents and Decisions, #4 Transcript 005 Jurisdictional Documents and Notices, #5 Transcript 006 Non Disability Related Development, #6 Transcript 007 Disability Related Development, #7 Transcript 008 Medical Records Part 1, #8 Transcript 009 Medical Records Part 2)(Peck, Jason) |
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Filing 11
TEXT ORDER granting Consent Letter Motion to Strike Administrative Transcript #10 filed at Dkt. No. 9. Defendant is directed to file an Administrative transcript on or before 12/6/2024. SO ORDERED by Magistrate Judge Miroslav Lovric on 11/19/2024.(jdc )
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| Reset Deadline: Social Security Administrative Transcript due by 12/6/2024. (jdc) |
| Filing 10 CONSENT Letter Motion from Jason Peck for Martin O'Malley requesting this Court strike the record/transcript filed at ECF No. 9 so the Commissioner may then file a corrected record submitted to Judge Miroslav Lovric . (Peck, Jason) |
| Filing 9 ***STRICKEN PURSUANT TO THE COURTS 11 ORDER*** Social Security Administrative Record / Transcript. Plaintiff Brief due by 12/30/2024. (Attachments: #1 Transcript Part 2 of 9, #2 Transcript Part 3 of 9, #3 Transcript Part 4 of 9, #4 Transcript Part 5 of 9, #5 Transcript Part 6 of 9, #6 Transcript Part 7 of 9, #7 Transcript Part 8 of 9, #8 Transcript Part 9 of 9)(Peck, Jason) Modified on 11/19/2024 (jdc ). |
| Filing 8 SOCIAL SECURITY CONSENT / DECLINATION FORM filed by Charles Benjamin advising of consent to Jurisdiction by US Magistrate Judge. (Schneider, Mark) |
| Filing 7 TEXT ORDER: Defendant is directed to produce a Social Security Administrative Record/Transcript such that the bookmarks in the Social Security Administrative Record/Transcript are complete, in that, the entire transcript is linked to the index. The defendant shall produce a transcript that includes bookmarks for all of the exhibits in the administrative record, including all of the medical records. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 10/9/2024. (jdc ) |
| Filing 6 NOTICE OF INITIAL ATTORNEY APPEARANCE - COMMISSIONER: Jason P. Peck appearing for Commissioner of Social Security. Social Security Administrative Transcript due by 1/7/2025. (Peck, Jason) |
| Filing 5 TEXT ORDER: Having considered the application to proceed without prepayment of fees under 28 U.S.C. 1915, Plaintiff's #3 in forma pauperis application is GRANTED. Pursuant to General Order No. 18 of this District, Defendant shall file a certified transcript of the administrative proceedings, which shall constitute Defendant's answer, within 90 days of said service, or a motion to dismiss the Complaint within 90 days of said service. SO ORDERED by U.S. Magistrate Judge Miroslav Lovric on 10/8/2024. (jdc ) |
| Filing 4 Social Security Appeal Case Assignment Form and General Order #18 Issued. Pursuant to General Order #18, in the event the Plaintiff does not timely consent, or if the United States timely withdraws its consent, the case will be reassigned to a District Judge consistent with General Order #12. Social Security Consent/Declination Form due by 10/29/2024. (hmr) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis filed by Charles Benjamin. (hmr) |
| Filing 2 Social Security Identification Form [LODGED] [Pursuant to General Order #18, this document has been electronically lodged with the Court. Viewable by case participants and court personnel only, it is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited]. (hmr) |
| Filing 1 COMPLAINT - Social Security Appeal. [Pursuant to General Order #18, Section B(3), the CM/ECF system will generate a Notice of Electronic Filing to the USAO-NDNY and Regional Counsel for the Social Security Administration. Service of a Complaint along with the Social Security Identification Form will be considered complete only when the three steps in paragraph 2(A), 2(B) and 2(C) of General Order #18 have been completed.]. (Attachments: #1 ALJ Decision, #2 Appeals Council Decision, #3 Civil Cover Sheet)(hmr) |
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| Defendant: Martin O'Malley | |
| Represented By: | Jason P. Peck |
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| Plaintiff: Charles Benjamin | |
| Represented By: | Mark A. Schneider |
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