Washington v. Kijakazi
| Betty Washington o.b.o. B.K.A.F., a minor child and Betty Washington |
| Acting Commissioner Social Security and Kilolo Kijakazi |
| Social Security Administration |
| 1:2023cv03765 |
| May 4, 2023 |
| US District Court for the Southern District of New York |
| Sarah Netburn |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
| None |
Docket Report
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Filing 12
ORDER: On May 12, 2023, the Honorable Mary Kay Vyskocil referred this matter to a magistrate judge for all purposes based on the consent of the parties. See 28 U.S.C. 636(c). On May 15, 2023, that referral was reassigned to my docket. The parties are to follow the schedule set out in the scheduling order at ECF No. 8. Any application for an extension of time with respect to any deadlines in this matter must be made as soon as the cause for the extension becomes known to the party making the application and must be made in accordance with paragraph I(g) of the Court's Individual Practices. The application must state the position of all other parties regarding the proposed extension and must show good cause for the extension. (Signed by Magistrate Judge Sarah Netburn on 5/15/2023) (ras)
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| Filing 11 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Kilolo Kijakazi, Social Security Administration, Betty Washington. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Sarah Netburn. (Signed by Judge Mary Kay Vyskocil on 5/12/2023).(tg) |
| Filing 10 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Kilolo Kijakazi. Document filed by Kilolo Kijakazi..(Cohn, Kristina) |
| Filing 9 NOTICE OF APPEARANCE by Kristina Danielle Cohn on behalf of Kilolo Kijakazi..(Cohn, Kristina) |
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Filing 8
SCHEDULING ORDER: The parties should follow the schedule set forth in the Standing Order at ECF No. 5...The memorandum of law of each side shall contain a summary of those parts of the administrative record that each side contends should be considered for purposes of review of the agency's decision...Any stipulation entered between the parties including, but not limited to, a remand to the Commissioner of Social Security for further proceedings, must be approved by the district judge, unless the parties consent to my jurisdiction over the case for all purposes...The parties shall advise the Court as to whether they jointly consent to decision of this action by this United States magistrate judge. This Order is not meant to interfere in any way with the parties' absolute right to decision by a United States district judge but is merely an attempt at preserving scarce judicial resources and a reminder of the parties' options under 28 U.S.C. 636(c), and as further set forth herein. (Signed by Magistrate Judge Sarah Netburn on 5/9/2023) (ras)
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| NOTICE OF COMMENCEMENT OF SOCIAL SECURITY ACTION. The Social Security Administration's Office of General Counsel and the United States Attorney for the Southern District of New York are hereby notified of the commencement of this action. Electronic Certified Administrative Record due by 7/10/2023..(gp) |
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Filing 7
ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915.SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 5/8/2023) (tg)
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Filing 6
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 Sarah Netburn. (Signed by Judge Mary Kay Vyskocil on 5/8/2023) (tg)
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Filing 5
STANDING ORDER IN RE BRIEFING OF SOCIAL SECURITY CASES (See 22-MISC-329 Standing Order filed November 21, 2022). WHEREAS, cases filed on and after December 1, 2022 under 42 U.S.C. 405(g), seeking judicial review on the record of final decisions by the Commissioner of Social Security ("Commissioner") denying applications for social security benefits, are governed by the simplified procedures set forth in the Supplemental Rules for Social Security Actions ("Supplemental Rules" or "Supp. R.");... in order to ensure the efficient disposition of cases subject to the Supplemental Rules, it is hereby ORDERED that, prior to seeking an extension of any deadline set forth in Supp. R. 4, 6, 7, or 8, the party seeking such extension shall attempt to meet and confer with the opposing party in a good faith effort to agree upon a reasonable and comprehensive schedule for all future filings in the case. If the parties reach agreement, the proposed schedule shall be presented to the Court for approval and, if approved, will govern all remaining proceedings in the case.... (Signed by Judge Laura Taylor Swain on 11/18/2022) (jgo)
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| ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Miriam Leala Hurwitz Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the issuance of summons for the Social Security Administration and the U.S. Attorney is not applicable in this Social Security case. The Clerk of Court will not issue a summons in a case filed by a single plaintiff under 42 U.S.C. 405(g), which names the Commissioner for Social Security as the sole defendant and which claim is limited to judicial review on the record of a final decision denying an application for social security benefits. See Rule 3 of the Supplemental Rules for Social Security Actions, Cmte. N. Excerpt ("Rule 3 provides a means for giving notice of the action that supersedes Civil Rule 4(i)(2). The Notice of Electronic Filing sent by the court suffices for service, so long as it provides a means of electronic access to the complaint. Notice to the Commissioner is sent to the appropriate office. The plaintiff need not serve a summons and complaint under Civil Rule 4.")... (jgo) |
| ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Miriam Leala Hurwitz. The party information for the following party/parties has been modified: Betty Washington o.b.o. B.K.A.F., a minor child; Acting Commissioner Social Security. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly; party name was modified to add party text separately. (jgo) |
| 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. (jgo) |
| CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(jgo) |
| Case Designated ECF. (jgo) |
| Filing 4 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Betty Washington o.b.o. B.K.A.F., a minor child..(Hurwitz, Miriam) |
| Filing 3 FILING ERROR - SUMMONS REQUEST FILED IN SOCIAL SECURITY CASE - REQUEST FOR ISSUANCE OF SUMMONS as to Acting Commissioner of Social Security, re: #1 Complaint. Document filed by Betty Washington o.b.o. B.K.A.F., a minor child..(Hurwitz, Miriam) Modified on 5/5/2023 (jgo). |
| Filing 2 CIVIL COVER SHEET filed..(Hurwitz, Miriam) |
| Filing 1 COMPLAINT against Acting Commissioner Social Security. Document filed by Betty Washington o.b.o. B.K.A.F., a minor child. (Attachments: #1 Exhibit AC Denial).(Hurwitz, Miriam) |
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