Hernandez Pena v. Commissioner of Social Security
| Edwin Rafael Hernandez Pena |
| Commissioner of Social Security |
| Social Security Administration |
| 7:2023cv06720 |
| July 31, 2023 |
| US District Court for the Southern District of New York |
| Judith C McCarthy |
| Nelson Stephen Roman |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 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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| MAILING RECEIPT: Document No: 10. Mailed to: Edwin Rafael HernandezPena 955 Cauldwell Avenue Apt. 2K Bronx, NY 10456. (sha) |
Filing 10
ORDER granting #8 Letter Motion for Extension of Time. The Commissioner's time to file the certified administrative record is extended to November 16, 2023. (HEREBY ORDERED by Magistrate Judge Judith C. McCarthy)(Text Only Order) Copies of Notice of Electronic Filing To Be Mailed By Clerks Office. (McCarthy, Judith) Transmission to Docket Assistant Clerk for processing.
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| Filing 9 CERTIFICATE OF SERVICE of Request for Extension of Time to File Certified Administrative Record served on Edwin Rafael Hernandez Pena on September 27, 2023. Service was made by Mail. Document filed by Commissioner of Social Security..(Hanna, Jessamyn) |
| Filing 8 LETTER MOTION for Extension of Time to file certified administrative record addressed to Magistrate Judge Judith C. McCarthy from Jessamyn Hanna dated September 27, 2023. Document filed by Commissioner of Social Security..(Hanna, Jessamyn) |
| Filing 7 CERTIFICATE OF SERVICE of Certificate of Service served on Edwin Hernandez Pena on 8-22-2023. Document filed by Commissioner of Social Security..(Hanna, Jessamyn) |
| Filing 6 NOTICE OF APPEARANCE by Jessamyn Hanna on behalf of Commissioner of Social Security..(Hanna, Jessamyn) |
| MAILING RECEIPT: Document No: 5. Mailed to: Edwin Rafael HernandezPena 955 Cauldwell Avenue Apt. 2K Bronx, NY 10456. (sha) |
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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 Judith C. McCarthy. Clerk of Court is directed to mail a copy of this Order to pro se Plaintiff at the address on ECF and show service on the docket. SO ORDERED. (Signed by Judge Nelson Stephen Roman on 8/3/2023) (vfr)
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| MAILING RECEIPT: Document No: 4. Mailed to: Edwin Rafael HernandezPena 955 Cauldwell Avenue Apt. 2K Bronx, NY 10456. (ta) |
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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 8/2/2023) (vn)
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| NOTICE OF CASE REASSIGNMENT to Judge Nelson Stephen Roman. Judge Unassigned is no longer assigned to the case. (sgz) |
| 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 10/2/2023. (sgz) |
| Magistrate Judge Judith C. McCarthy 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. (sgz) |
| Social Security Information Mailed: Social Security Information Packet mailed to Edwin Rafael Hernandez Pena 955 Cauldwell Avenue Apt. 2K Bronx, NY 10456 on 08/02/2023. 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) |
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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 Edwin Rafael Hernandez Pena. (sac) |
| Filing 1 COMPLAINT against Commissioner of Social Security. Document filed by Edwin Rafael Hernandez Pena. (sac) |
| Case Designated ECF. (sac) |
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