Crawford v. Commissioner of Social Security

Justia Dockets & Filings Second Circuit New York Southern District Crawford v. Commissioner of Social Security

Crawford v. Commissioner of Social Security

Plaintiff:	Makeba Crawford
Defendant:	Commissioner of Social Security
Case Number:	1:2018cv00462
Filed:	January 17, 2018
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
Presiding Judge:	Unassigned
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
May 10, 2021	Filing 20 ORDER: In light of the Carr decision, and to promote efficiency and judicial economy, the parties are directed to meet and confer regarding whether this case should to be remanded to the Commissioner for a new hearing before a constitutionally app ointed ALJ different from the ALJ who previously heard and adjudicated Plaintiff's claim for benefits. On or before June 1, 2021, Plaintiff must submit a letter of no longer than five pages setting forth whether or not Plaintiff believes this ca se should be remanded at this time. Plaintiff must submit a letter either requesting remand (along with any legal argument in support of that position) or notifying the Court that Plaintiff does not request remand. If necessary, on or before June 8, 2021, Defendant may submit a letter of no more than five pages in response. Should Plaintiff elect not to request a remand on the Appointments Clause issue at this stage, this may constitute a waiver of the Appointments Clause challenge in all furthe r proceedings, including appeals. A decision not to request a remand will not prejudice the Plaintiff in any way before this Court, nor will it affect the timing of this Court's decision on the pending motions in this matter should the case remain in federal court. Chambers staff will mail a copy of this order, along with a copy of the Carr v. Saul decision, to the prose Plaintiff. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 5/10/2021) (ks)

Date Filed

Document Text

May 10, 2021

Filing 20 ORDER: In light of the Carr decision, and to promote efficiency and judicial economy, the parties are directed to meet and confer regarding whether this case should to be remanded to the Commissioner for a new hearing before a constitutionally app ointed ALJ different from the ALJ who previously heard and adjudicated Plaintiff's claim for benefits. On or before June 1, 2021, Plaintiff must submit a letter of no longer than five pages setting forth whether or not Plaintiff believes this ca se should be remanded at this time. Plaintiff must submit a letter either requesting remand (along with any legal argument in support of that position) or notifying the Court that Plaintiff does not request remand. If necessary, on or before June 8, 2021, Defendant may submit a letter of no more than five pages in response. Should Plaintiff elect not to request a remand on the Appointments Clause issue at this stage, this may constitute a waiver of the Appointments Clause challenge in all furthe r proceedings, including appeals. A decision not to request a remand will not prejudice the Plaintiff in any way before this Court, nor will it affect the timing of this Court's decision on the pending motions in this matter should the case remain in federal court. Chambers staff will mail a copy of this order, along with a copy of the Carr v. Saul decision, to the prose Plaintiff. SO ORDERED. (Signed by Magistrate Judge Andrew E. Krause on 5/10/2021) (ks)

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Plaintiff: Makeba Crawford
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