Hairston v. Commissioner of Social Security
Case Number: 1:2020cv05600
Filed: October 7, 2020
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. ยง 405 Review of HHS Decision (DIWC)
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Date Filed Document Text
August 26, 2022 Opinion or Order Filing 54 OPINION AND ORDER ON ATTORNEYS' FEE APPLICATION re: 46 MOTION for Attorney Fees . filed by Denise Hairston. For the reasons set forth above, Plaintiff is awarded $11,704 in attorney's fees pursuant to the EAJA. (Signed by Magistrate Judge Katharine H. Parker on 8/26/2022) (ate)
June 13, 2022 Opinion or Order Filing 50 ORDER granting 49 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 6/13/2022) (tg)
March 9, 2022 Opinion or Order Filing 45 CLERK'S JUDGMENT re: 44 Memorandum & Opinion in favor of Denise Hairston against Commissioner of Social Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 9 , 2022, Plaintiff's motion for judgment on the pleadings is GRANTED and Defendant's cross-motion is DENIED. The case is remanded to the Commissioner for further proceedings consistent with the opinion. Because the case must be remanded f or additional questioning and obtaining treatment records, the ALJ is directed to also obtain updated school records (e.g., individual education plan). Daisy P. o/b/o C.P. v. Saul, 2021 WL 911709, at *4 (W.D.N.Y. Mar. 10, 2021) (when a child alleges a mental impairment, "the failure to obtain school records can support a remand for failure to develop the record.) (Signed by Clerk of Court Ruby Krajick on 3/9/2022) (Attachments: # 1 Right to Appeal) (km)
November 10, 2021 Opinion or Order Filing 35 ORDER IN SOCIAL SECURITY CASE: The Court notes that the parties will be filing their respective briefs in this case and wants to remind the parties that they have the option of consenting to decision of this action by a United States Magistrate J udge (that is, the undersigned). Magistrate Judges have direct experience with the wide variety of civil matters filed in this Court, including Social Security matters. Because this matter has been referred to me for a Report and Recommendation, t he decision on this matter will be made by the District Judge based on the Report and Recommendation and any objections thereto, after which an appeal may be made to the United States Court of Appeals for the Second Circuit. By consenting to deci sion by a Magistrate Judge, the decision of the Magistrate Judge will be appealable directly to the United States Court of Appeals for the Second Circuit. This Order is not meant to interfere in any way with the parties' absolute right to dec ision by a United States District Judge but is merely reminding the parties of their option pursuant to 28 U.S.C. § 636(c) and an attempt at preserving scarce judicial resources and accelerating the process. There is no adverse consequence to the parties if they elect not to consent to decision by a Magistrate Judge. If both parties consent to Magistrate Judge jurisdiction, they should complete and sign the consent form, as further set forth herein. The completed, signed form shou ld be returned to the Honorable Laura Taylor Swain for approval. If, by November 22, 2021, either or both parties do not consent, counsel for Defendant shall report that the parties do not consent, without indicating any particular party's consent or non-consent. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 11/10/2021) (vfr)
April 16, 2021 Opinion or Order Filing 21 ORDER with respect to 13 Motion to Dismiss; with respect to 13 Motion for Summary Judgment. The Court is in receipt of the Commissioner's letter, dated March 29, 2021, informing the Court, inter alia, that the Commissioner is currently considering whether to forego motions to dismiss based on untimely complaints for those actions in which the statute of limitations expired between March 1, 2020 and August 31, 2020. More specifically, counsel informs the Court that the Commission er may withdraw the pending motion to dismiss at ECF No. 13, and that the Commissioner would inform the Court as to their position shortly. As such, the Commissioner is hereby ORDERED to provide the Court with his position regarding the withdrawal of the motion to dismiss by Friday, April 30, 2021. It is further ORDERED that the Commissioner shall have until Friday, April 30, 2021 to reply to Plaintiff's opposition to his motion to dismiss. The Clerk of Court is respectfully requested to send a copy of this Order to the pro se Plaintiff. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 4/16/2021) (rj) Transmission to Docket Assistant Clerk for processing.
November 24, 2020 Opinion or Order Filing 8 ORDER OF SERVICE: Plaintiff's application to proceed in forma pauperis at ECF No. 7 is GRANTED. As such, the Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this pro s e case, brought under 42 U.S.C. § 405(g), for which the filing fee has been waived. This Order shall not supersede the prior scheduling orders issued in this case at ECF No. 5. The Clerk of Court is respectfully requested to send a copy of this Order to the pro se Plaintiff. Electronic Certified Administrative Record due by 2/22/2021. (Signed by Magistrate Judge Katharine H. Parker on 11/24/2020) (mro) Transmission to Pro Se Assistants for processing.
October 28, 2020 Opinion or Order Filing 6 ORDER DIRECTING PAYMENT OF FEE OR IFP APPLICATION: Plaintiff brings this action pro se. To proceed with a civil action in this Court, a plaintiff must either pay $400.00 in fees-a $350.00 filing fee plus a $50.00 a dministrative fee-or, to request authorization to proceed without prepayment of fees, submit a signed in forma pauperis ("IFP") application. See 28 U.S.C. §§ 1914, 1915. Plaintiff submitted the Complaint without th e filing fees or an IFP application. Within 30 days of the date of this Order, Plaintiff must either pay the $400.00 in fees or submit the attached IFP application. If Plaintiff submits the IFP application, it should be labeled with docket number 20-CV-5600. If the Court grants the IFP application, Plaintiff will be permitted to proceed without prepayment of fees. See 28 U.S.C. § 1915(a)(1). The Clerk of Court is directed to mail a cop y of this order to Plaintiff and note service on the docket. If Plaintiff complies with this order, the case shall be processed in accordance with the procedures of the Clerk's Office. As noted in the Court's Scheduling Order (see ECF No. 5), the Commissioner will then have 90 days to file the Electronic Certified Administrative Record, or, alternatively, 60 days to file a motion to dismiss. If Plaintiff fails to comply with this order within the time all owed, the action will be dismissed. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore IFP status is denied for the purpose of an appeal. Cf. Copp edge v. United States, 369 U.S. 438, 444-45 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). Filing Fee due by 11/27/2020. In Forma Pauperis (IFP) Application due by 11/27/2020. (Signed by Magistrate Judge Katharine H. Parker on 10/28/2020) (mro) Transmission to Docket Assistant Clerk for processing.
October 7, 2020 Opinion or Order Filing 5 SCHEDULING ORDER IN SOCIAL SECURITY CASE: This case has been referred to me for a report and recommendation. Plaintiff has brought this action pursuant to 42 U.S.C. § 405(g), seeking review of a denial of social security disability benefits. Th is Order supersedes all prior scheduling orders in this action. Plaintiff shall notify the Court, in writing, whether the parties consent no later than the date by which the Joint Stipulation is filed. (as further set forth herein). The Clerk of C ourt is respectfully directed to send a copy of this Order to the Pro Se Plaintiff by either certified mail or by email if Plaintiff has consented to electronic service. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 10/7/2020) (kv) Transmission to Docket Assistant Clerk for processing.
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