Torres v. Commissioner of Social Security
| Vanessa Serrano Torres |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2020cv09579 |
| November 10, 2020 |
| US District Court for the Southern District of New York |
| Barbara C Moses |
| Mary Kay Vyskocil |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 |
| None |
Docket Report
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Filing 9
ORDER: In a separate Order, this case has been referred to one of the Court's Magistrate Judges for a Report and Recommendation, which will then be sent to this Court for review and to address any objections to the Report. Alternatively, the parties may voluntarily consent to have the Magistrate Judge render a final decision in this action in accordance with the provisions of 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. Any appeal from a Magistrate Judge's decision following consent is directly to the United States Court of Appeals for the Second Circuit in the same way that an appeal from a District Judge's decision would be taken. Both parties-Plaintiff and the Commissioner of Social Security-must consent in order for the Magistrate Judge to decide the case. To determine whether the parties wish to voluntarily consent to proceeding before the Magistrate Judge, counsel for the Commissioner of Social Security is directed to send to counsel for Plaintiff on or before January 8, 2021, a copy of the attached consent form bearing either (1) a signature indicating consent to proceeding before the Magistrate Judge, or (2) a notation that Defendant does not consent. On or before January 15, 2021, counsel for Plaintiff counsel is directed to submit a letter via ECF informing the Court whether all parties have consented to proceeding before the Magistrate Judge. If any party has not consented, the letter shall not state which of the parties have not consented-only that there has not been consent by all parties. If both parties have consented, counsel shall file on ECF the signed consent forms. This Order is not intended to interfere with the parties' right to have final disposition of this case by a United States District Judge. The parties are free to withhold their consent without adverse substantive consequences. If any party withholds consent, the identity of the parties consenting or withholding consent shall not be communicated to any Magistrate Judge or District Judge to whom the case has been assigned. (Signed by Judge Mary Kay Vyskocil on 12/28/2020) (mro)
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Filing 8
NOTICE OF APPEARANCE by Amanda Frances Parsels on behalf of Commissioner of Social Security..(Parsels, Amanda)
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Mailed a copy of #6 Order of Service - Social Security,, to Vanessa Serrano Torres at 10 Richman Plaza 27B Bronx, NY 10453..(Snell, Kevin)
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Filing 7
SOCIAL SECURITY PACKAGE MAILED to Vanessa Serrano Torres 10 Richman Plaza 27B Bronx, NY 10453, on 11/23/2020 Re: #6 Order of Service - Social Security. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, order granting IFP application, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), in social security cases only, a flyer about pro bono attorneys available through the New York County Lawyers' Association. (aan)
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Filing 6
ORDER OF SERVICE AND SCHEDULING ORDER: The Clerk of Court shall notify the U.S. Attorneys Office for the Southern District of New York of the filing of this pro se case, brought under 42 U.S.C. 405(g), for which the filing fee has been waived. Chambers will mail a copy of this Order to the pro se plaintiff. (As further set forth in this Order.) Electronic Certified Administrative Record due by 2/22/2021. (Signed by Magistrate Judge Barbara C. Moses on 11/23/2020) (cf) Transmission to Pro Se Assistants for processing.
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Filing 5
ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Social Security. Referred to Magistrate Judge Barbara C. Moses. (Signed by Judge Mary Kay Vyskocil on 11/18/2020) (mro)
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Filing 4
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. (Signed by Judge Mary Kay Vyskocil on 11/18/2020) (mro)
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Filing 3
STANDING ORDER IN RE MOTIONS FOR JUDGMENT ON THE PLEADINGS IN SOCIAL SECURITY CASES (See 16-MISC-171 Standing Order filed April 28, 2016). ORDERED that in all Social Security cases hereafter filed under 42 U.S.C. 405(g) and 42 U.S.C. 1383(c)(3), the defendant shall within 90 days after service file the certified transcript of administrative proceedings, which shall constitute the defendants' answer, or otherwise move against the complaint... that unless otherwise ordered by the judge to whom the case is assigned, in cases where the plaintiff is represented by counsel, the plaintiff shall file a motion for judgment on the pleadings within 60 days of the date on which the defendant files the certified transcript of the administrative proceedings... that in cases where the plaintiff is appearing pro se, the defendant shall file its motion for judgment on the pleadings within 60 days of the date on which the certified transcript of administrative proceedings have been filed... (Signed by Judge Loretta A. Preska on 4/20/16) (rdz) Transmission to Docket Assistant Clerk for processing.
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Filing 2
COMPLAINT against Commissioner of Social Security. Document filed by Vanessa Serrano Torres..(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Vanessa Serrano Torres..(rdz)
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Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz)
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Case Designated ECF. (rdz)
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