Vargas v. Commissioner of Social Security
| Debra C. Vargas |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2022cv07780 |
| September 8, 2022 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| Sarah Netburn |
| Laura Taylor Swain |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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Mailed a copy of #20 Consent to Jurisdiction by US Magistrate Judge to Debra C. Vargas at 110 Harold Ave., Cornwall, NY 12518. (kh)
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Filing 20
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Sarah Netburn. (Signed by Judge Jennifer L. Rochon on 11/2/2022) (jca)
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Filing 19
PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Hanna, Jessamyn)
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MAILING RECEIPT: Document No: 18. Mailed to: Debra C. Vargas 110 Harold Ave. Cornwall, NY 12518. (dsh)
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Filing 18
ORDER granting #16 Letter Motion for Extension of Time. Request GRANTED. The deadline to file a Notice of Consent or a joint letter is extended to November 10, 2022. (Signed by Judge Jennifer L. Rochon on 10/26/2022) (tro)
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Filing 17
CERTIFICATE OF SERVICE of Letter Motion requesting extension of time to discuss Magistrate Judge jurisdiction served on Debra C. Vargas on October 26, 2022. Service was made by Mail. Document filed by Commissioner of Social Security..(Hanna, Jessamyn)
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Filing 16
FIRST LETTER MOTION for Extension of Time to discuss consent to Magistrate Judge jurisdiction addressed to Judge Jennifer L. Rochon from Jessamyn Hanna dated October 26, 2022. Document filed by Commissioner of Social Security..(Hanna, Jessamyn)
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MAILING RECEIPT: Document No: 15. Mailed to: Debra C. Vargas 110 Harold Ave. Cornwall, NY 12518. (dsh)
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Filing 15
ORDER: A call is scheduled for Thursday, November 10, 2022, at 10:00 a.m. to discuss the nature of Plaintiff's complaint in the above-captioned matter. At that time the parties should dial into the Court's dedicated teleconferencing line at (877) 402-9757 and enter Access Code 7938632, followed by the pound (#) key. If this date is unavailable for any party, they must contact Courtroom Deputy Rachel Slusher immediately at (212) 805-0286. SO ORDERED. ( Telephone Conference set for 11/10/2022 at 10:00 AM before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 10/21/2022) (vfr)
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Filing 14
CERTIFICATE OF SERVICE of Notice of Appearance served on Debra C. Vargas on October 19, 2022. Service was made by Mail. Document filed by Commissioner of Social Security..(Hanna, Jessamyn)
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Filing 13
NOTICE OF APPEARANCE by Jessamyn Hanna on behalf of Commissioner of Social Security..(Hanna, Jessamyn)
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Filing 12
DECLARATION of Debra C. Vargqs in Support of re: #11 MOTION CONTINUATION - Attached Exhibits(#1) Bank Statement & Proof of Transaction Form S.S. Document filed by Debra C. Vargas. (sc)
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Filing 11
NOTICE OF MOTION, Re: Continuation: Attached Exhibits(#1) Bank Statement & Proof of Transaction Form S.S.A. - 1099 S.S. Benefits Original Form S.S.A. 1099 Dated 4/18/14- Action of Proposed Rule 20 CRF PARTS 402, 404, 408, etc. Document filed by Debra C. Vargas..(sc)
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Filing 10
SOCIAL SECURITY PACKAGE MAILED to Debra C. Vargas 110 Harold Ave. Cornwall, NY 12518, at, on 10/3/2022 Re: #9 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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MAILING RECEIPT: Document No: 8. Mailed to: Debra C. Vargas 110 Harold Ave. Cornwall, NY 12518. (kh)
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Filing 9
ORDER OF SERVICE AND SCHEDULING ORDER: 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 se case, brought pursuant to 42 U.S.C. 405(g), for which the filing fee has been waived. In accordance with this District's Standing Order governing pro se challenges to denials of social security benefits (see In re: Mots. J. Pleadings Social Sec. Cases, 16-MC-0171), the following briefing schedule applies: Within 90 days of service, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, theCommissioner must do so within 60 days of the date on which the e-CAR was filed.The motion must contain a full recitation of the relevant facts and a full description of the underlying administrative proceeding. Plaintiff must file an answering brief within 60 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 21 days thereafter. To conserve resources, to promote judicial efficiency, and in an effort to achieve a fasterdisposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If the parties consent to having the Magistrate Judge decide the case, the Magistrate Judge replaces the District Judge, thereby speeding up the resolution of the case (because only one judge instead of two will be involved in the case). 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. By contrast, if the parties do not consent to having the Magistrate Judge decide the case, the Magistrate Judge will first issue a Report and Recommendation, and the District Judge will then consider any objections either party has to the Report and Recommendation before a final judgment is entered, at which point an appeal to the Second Circuit could be taken. If both parties consent to proceed before the Magistrate Judge, counsel for Defendant must, within two weeks of the date on which Defendant enters an appearance, file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this Order. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. Electronic Certified Administrative Record due by 12/29/2022. (Signed by Judge Jennifer L. Rochon on 9/30/2022) (ama)
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Filing 8
ORDER OF REFERENCE TO A 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 Sarah Netburn. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/30/2022) (ama)
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MAILING RECEIPT: Document No: 6. Mailed to: Debra C. Vargas 110 Harold Ave. Cornwall, NY 12518. (kh)
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Filing 6
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. 28 U.S.C. 1915. (Signed by Judge Laura Taylor Swain on 9/23/2022) (sha)
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NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Laura Taylor Swain is no longer assigned to the case. (vba)
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Magistrate Judge Sarah Netburn 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. (vba)
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Filing 5
AMENDED APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS. Document filed by Debra C. Vargas.(sc)
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NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (aea)
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MAILING RECEIPT: Document No: 4. Mailed to: Debra C. Vargas 110 Harold Ave. Cornwall, NY 12518. (dsh)
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Filing 4
ORDER DIRECTING AMENDED IFP APPLICATION: Plaintiff is directed to render payment of the filing fee or submit an amended IFP application to this Court's Pro Se Office within thirty (30) days of the date of this Order. The Clerk of Court is directed to assign this matter to my docket. The Court certifies, pursuant to 28 U.S.C. 1915(a)(3), that any appeal from this Order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Filing Fee due by 10/12/2022. In Forma Pauperis (IFP) Application due by 10/12/2022. (Signed by Judge Laura Taylor Swain on September 12, 2022) (Attachments: #1 amended IFP application) (keb)
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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)
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Filing 2
COMPLAINT against Commissioner of Social Security. Document filed by Debra C. Vargas..(rdz)
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Filing 1
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Debra C. Vargas..(rdz) Modified on 9/12/2022 (rdz).
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