Graham v. Commissioner of Social Security
| Neicha L. Graham |
| Commissioner of Social Security |
| Social Security Administration |
| 1:2023cv10805 |
| December 12, 2023 |
| US District Court for the Southern District of New York |
| Sarah Netburn |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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Filing 13
ORDER: Plaintiff is advised that the New York County Lawyers Association (NYCLA) may be able to provide free legal assistance on this pending social security appeal. If Plaintiff is interested, the Court recommends calling 212-349-0900. Additional information on NYCLA is attached. SO ORDERED. (Signed by Magistrate Judge Sarah Netburn on 2/9/2024) (Attachments: #1 NYCLA) (dsh)
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Filing 12
ORDER granting #11 Letter Motion for Extension of Time to Answer. The Court ADOPTS the submission deadlines proposed by Defendant, notwithstanding Plaintiff's objection. Accordingly, by March 14, 2024, Defendant shall file the certified administrative record or otherwise respond to Plaintiff's complaint. Plaintiff's motion for judgment on the pleadings shall be filed by April 15, 2024. Defendant shall file its opposition by May 15, 2024. Plaintiff shall file a reply, if any, by May 29, 2024. (HEREBY ORDERED by Magistrate Judge Sarah Netburn)(Text Only Order) (Netburn, Sarah)
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| Filing 11 LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Sarah Netburn from Padma Ghatage dated February 8, 2024. Document filed by Commissioner of Social Security..(Ghatage, Padma) |
| Filing 10 CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Sarah Netburn. (Signed by Judge Jennifer L. Rochon on 1/4/2024).(jca) |
| Filing 9 PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Ghatage, Padma) |
| Filing 8 CERTIFICATE OF SERVICE on 12/28/2023. Service was made by Mail. Document filed by Commissioner of Social Security..(Ghatage, Padma) |
| Filing 7 NOTICE OF APPEARANCE by Padma Ghatage on behalf of Commissioner of Social Security..(Ghatage, Padma) |
| Social Security Information Mailed: Social Security Information Packet mailed to Neicha L. Graham on 12/20/2023. 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.(sha) |
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Filing 6
SCHEDULING ORDER Through a notice of electronic filing, the Court shall notify the Commissioner of the Social Security Administration through its Office of General Counsel and the U.S. Attorneys Office for the Southern District of New York of the filing of this pro se case, brought pursuant to 42 U.S.C. 1383(c)(3), for which the filing fee has been waived. In accordance with this Districts Standing Order governing pro se challenges to denials of social security benefits (see In re: Briefing of Social Security Cases, 22-MC-00329 (LTS), M 10-468), the following briefing schedule applies: Within 60 days of service, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioners answer, or otherwise move against the complaint. If Plaintiff wishes to file a motion for judgment on the pleadings, Plaintiff must do so within 30 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. The Commissioner must file an answering brief within 30 days of the filing of Plaintiff's motion. Plaintiff may file a reply within 14 days thereafter. Generally, memoranda in support of or in opposition to any dispositive motion may not exceed 25 pages in length; reply memoranda may not exceed ten pages in length. A party seeking to exceed these page limitations must apply to the Court for leave to do so, with copies to all counsel, no fewer than seven days before the date on which the memorandum is due. In addition, by separate Order today, the Court is referring this case to the assigned Magistrate Judge. Magistrate Judges are judges selected by the District Judges to serve for terms of eight years. Magistrate Judges are highly qualified and very experienced. 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. 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 Judges 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 Judges 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 (and also available at https://www.nysd.uscourts.gov/node/754). If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before the undersigned. An information sheet on proceedings before magistrate judges is also attached to this Order. If you do not consent to having the Magistrate Judge decide your case, there will be no adverse consequences. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date on which Defendant enters an appearance advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The Clerk of the Court is directed to mail a copy of this Order to Plaintiff. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/15/2023) (jca)
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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 Sarah Netburn. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 12/15/2023) (jca)
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| Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. 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) |
| NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. 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 2/13/2024. (vba) |
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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 12/14/2023) (sha)
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| Filing 3 PRO SE CONSENT TO RECEIVE ELECTRONIC SERVICE. The following party: Neicha L. Graham consents to receive electronic service via the ECF system. Document filed by Neicha L. Graham..(rdz) |
| Filing 2 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Niecha L. Graham..(rdz) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Niecha L. Graham..(rdz) |
| Case Designated ECF. (rdz) |
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