Vargas v. Commissioner of Social Security
| Yanet Vargas |
| Commissioner of Social Security |
| 1:2016cv03385 |
| May 6, 2016 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Bronx |
| Vernon S. Broderick |
| Supplemental Security Income |
| 42 U.S.C. ยง 1383 |
| None |
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The following documents for this case are available for you to view or download:
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Filing
46
CLERK'S JUDGMENT re: 45 Stipulation and Order in favor of Yanet Vargas against Commissioner of Social Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation and Order dated Janu ary 25, 2022, that this action be, and hereby is, remanded to the Commissioner of Social Security, pursuant to sentence four of 42 U.S.C. § 405(g), in connection with the Supreme Court's decision in Carr v. Saul, 141 S. Ct. 1352 (2021), i n which the Court held that a claimant need not raise an Appointments Clause claim before the Social Security Administration, but may instead present it for the first time in federal court. On remand, the case will be assigned to a different admini strative law judge ("ALJ") to further evaluate plaintiff's claims, plaintiff will be offered the opportunity for a hearing, and the ALJ will issue a new decision. (Signed by Clerk of Court Ruby Krajick on 1/25/2022) (Attachments: # 1 Right to Appeal) (km)
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Filing
43
ORDER: In light of Plaintiff's filing of her motion for judgment on the pleadings on October 5, 2021, Defendant's deadline to file her opposition and cross-motion for judgment on the pleadings is extended to November 4, 2021. Plainti ff's reply shall be filed by November 29, 2021, and Defendant's reply shall be filed by December 13, 2021. (Cross Motions due by 11/4/2021. Responses due by 11/4/2021. Replies due by 12/13/2021.) (Signed by Magistrate Judge Sarah Netburn on 10/6/2021) (ras)
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Filing
40
ORDER: On September 17, 2021, the Court granted Plaintiff's motion for an extension of time to file her motion for judgment on the pleadings. ECF 39. Plaintiff was directed to file her motion by September 23, 2021. The motion is now overdue. P laintiff is ordered to file her motion and accompanying papers by October 5, 2021, or show cause why she is unable to do so. (Motions due by 10/5/2021.) (Signed by Magistrate Judge Sarah Netburn on 9/28/2021) (ras) (Main Document 40 replaced on 9/28/2021) (ras).
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Filing
31
OPINION AND ORDER for 25 Report and Recommendations. For the foregoing reasons, I reject the Report as to its conclusions regarding Dr. McKnight's October 2014 report. Plaintiff's and Defendant's motions for judgment on the pleadings, (Docs. 19, 21), are DENIED, and this case is remanded pursuant to sixth sentence of 42 U.S.C. § 405(g) for further proceedings consistent with this Opinion & Order. The Clerk of Court is respectfully directed to terminate the open motions at Documents 12 and 14 and close this case. The parties may apply to reopen the case upon the filing of additional or modified findings of fact and a decision vacating, modifying, or affirming the Commissioner's prior decision in this case. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/20/2019) (ks) Transmission to Docket Assistant Clerk for processing.
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| Plaintiff: Yanet Vargas | |
| Represented By: | David Kuznicki |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Leslie A. Ramirez-Fisher |
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