Rodriguez v. Commissioner of Social Security
| Wendy Rodriguez |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2023cv04554 |
| May 30, 2023 |
| US District Court for the Southern District of New York |
| Jesse M Furman |
| Barbara C Moses |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
| None |
Docket Report
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| Document Text |
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| Filing 17 CERTIFICATE OF SERVICE of Letter served on Wendyz Rodriguez on July 28, 2023. Service was made by Mail. Document filed by Commissioner of Social Security..(Ghatage, Padma) |
| Filing 16 LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Barbara C. Moses from Padma Ghatage dated July 28, 2023. Document filed by Commissioner of Social Security..(Ghatage, Padma) |
| Filing 15 CERTIFICATE OF SERVICE of Notice of Appearance served on Wendy Rodriguez on July 14, 2023. Service was made by Mail. Document filed by Commissioner of Social Security..(Ghatage, Padma) |
| Filing 14 NOTICE OF APPEARANCE by Padma Ghatage on behalf of Commissioner of Social Security..(Ghatage, Padma) |
| Filing 12 CERTIFICATE OF SERVICE of Notice of Appearance served on Wendy Rodriguez on 06/07/2023. Service was made by Mail. Document filed by Commissioner of Social Security..(Hanna, Jessamyn) |
| Filing 11 FILING ERROR - DEFICIENT DOCKET ENTRY - CERTIFICATE OF SERVICE of COS served on Wendy Rodriguez on 6/7/2023. Service was made by Mail. Document filed by Commissioner of Social Security. (Hanna, Jessamyn) Modified on 6/8/2023 (db). As per ECF-ERROR Email Correspondence received on 6/8/2023 @ 12:33pm. |
| Filing 10 FILING ERROR - DEFICIENT DOCKET ENTRY - CERTIFICATE OF SERVICE of Summons and Complaint. Commissioner of Social Security served on 6/7/2023, answer due 6/28/2023. Service was made by 6/7/2023. Document filed by Commissioner of Social Security. CERTIFICATE OF SERVICE of COS served on Plaintiff on 6/1/2023. Service was made by 6/7/2023. Document filed by Commissioner of Social Security. (Hanna, Jessamyn) Modified on 6/8/2023 (db). As per ECF-ERROR Email Correspondence received on 6/8/2023 @ 12:33pm. |
| Filing 9 CERTIFICATE OF SERVICE of Letter addressed to Judge Jesse M. Furman re: non-consent to Magistrate Judge jurisdiction served on Wendy Rodriguez on June 5, 2023. Service was made by Mail. Document filed by Commissioner of Social Security..(Hanna, Jessamyn) |
| Filing 8 LETTER addressed to Judge Jesse M. Furman from Jessamyn Hanna dated June 5, 2023 re: non-consent to Magistrate Judge jurisdiction. Document filed by Commissioner of Social Security..(Hanna, Jessamyn) |
| MAILING RECEIPT: Document No: 7. Mailed to: Wendy Rodriguez 514 East 163rd Street Apt. 10E Bronx, NY 10451. (ok) |
Filing 7
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. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/1/2023) (jca)
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Filing 6
ORDER OF SERVICE & SCHEDULING ORDER As the case involves a challenge to a final decision by the Commissioner of Social Security pursuant to 42 U.S.C. 405(g), it is subject to the Supplemental Rules for Social Security Actions and Chief Judge Swain's Standing Order Regarding Briefing of Social Security Cases, No. 22-MC-329. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition 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. The Clerk of Court is directed to mail a copy of this Order to Plaintiff. (And as further set forth herein.) SO ORDERED. (Signed by Judge Jesse M. Furman on 6/1/2023) (jca)
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| MAILING RECEIPT: Document No: 4. Mailed to: Wendy Rodriguez 514 East 163rd Street Apt. 10E Bronx, NY 10451. (sha) |
| Mailed a copy of #6 Order to Wendy Rodriguez 514 East 163rd Street Apt. 10E Bronx, NY 10451.(ta) |
| Filing 5 NOTICE OF APPEARANCE by Jessamyn Hanna on behalf of Commissioner of Social Security..(Hanna, Jessamyn) |
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Filing 4
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 6/1/2023) (sha)
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| MAILING RECEIPT: Document No: 3. Mailed to: Wendy Rodriguez 514 East 163rd Street Apt. 10E Bronx, NY 10451. (ok) |
| NOTICE OF CASE REASSIGNMENT to Judge Jesse M. Furman. Judge Unassigned is no longer assigned to the case. (vba) |
| 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 7/31/2023. (vba) |
| Social Security Information Mailed: Social Security Information Packet mailed to Wendy Rodriguez 514 East 163rd Street Apt. 10E Bronx, NY 10451 on 06/01/2023. The Social Security Information Packet included: Instructions for Seeking Judicial Review of a Final Decision of the Commissioner of Social Security; Statement Regarding Notice to the Commissioner of Social Security; Notice Regarding Privacy and Public Access to Electronic Case Files; New York Legal Action Groups flyer about the free legal assistance clinic at the courthouse; New York County Lawyers Association flyer about pro bono attorneys who practice in the area of Social Security litigation; Individual practices of the assigned District and Magistrate Judges; Handout explaining matters handled by Magistrate Judges; Consent form to complete if all parties agree to proceed before the assigned Magistrate Judge; Consent form to receive court filings electronically; Motion form to receive permission to file cases electronically; Notice of Change of Address form to use if your contact information changes; Standing Order M 10-468 on Briefing of Social Security Cases. (ta) |
| 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. (vba) |
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Filing 3
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) (sac)
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| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Wendy Rodriguez. (sac) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Wendy Rodriguez. (sac) |
| Case Designated ECF. (sac) |
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