Benton v. Commissioner of Social Security
| Sean Patrick Benton |
| Commissioner of Social Security |
| 1:2023cv00935 |
| September 6, 2023 |
| US District Court for the Western District of New York |
| Elizabeth A Wolford |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| Document Text |
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| Filing 9 JUDGMENT in favor of Sean Patrick Benton against Commissioner of Social Security. Signed by Mary C. Loewenguth, Clerk of Court on 11/3/2023. (CGJ) |
Filing 8
STIPULATION AND ORDER: The Commissioner's final decision is REVERSED pursuant to SENTENCE FOUR of 42 U.S.C. 405(g), and the case is REMANDED for further administrative proceedings. The Clerk of Court is directed to enter final judgment on the complaint in plaintiff's favor and close this case. Signed by Hon. Elizabeth A. Wolford on 11/2/23. (NNR)Clerk to Follow up
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| Filing 7 TEXT ORDER reassigning this action to District Judge Hon. Elizabeth A. Wolford. Signed by Mary C. Loewenguth, Clerk of Court, on 11/2/2023. (TMK) |
| Filing 6 STIPULATION (Remand) by Commissioner of Social Security. (Lechleitner, Andreea) |
| Filing 5 TRANSCRIPT (Social Security) . (Lechleitner, Andreea) |
| Filing fee: $402.00, receipt number 10002702 (SG) |
| Filing 4 NOTICE of Appearance by Andreea Laura Lechleitner on behalf of Commissioner of Social Security (Lechleitner, Andreea) |
| Filing 3 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff is not employed and receives food stamps in the amount of $287.00. Plaintiff approximates his monthly expenses to be $1,187.00 and states that his mother, who does not reside with him, pays $400.00 to cover his rent. Aside from the assistance from his mother and the government benefits he receives, it is unclear what additional additional sources of income plaintiff uses to cover his monthly expenses. Based on the lack of sufficient information, the Court cannot determine whether plaintiff has set forth sufficient indications of indigency, thus, plaintiff's in forma pauperis motion is DENIED. Plaintiff has until October 13, 2023, to (1) re-file his application using the Court's standard form with all of the relevant information included, or (2) pay the $402.00 filing fee. If plaintiff has not complied with either of these options by October 13, 2023, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 9/13/23. (NNR) |
| Case placed in Social Security Assignment Pool. (TMK) |
| Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at #http://www.uscourts.gov/services-forms/forms. (TMK) |
| NOTICE regarding service of #1 Complaint, in a Social Security case: Commissioner of Social Security answer due 11/6/2023.Pursuant to Rule 3 of the Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk issues this Notice of Electronic Filing to the Regional Social Security Administration's Office of General Counsel and the United States Attorney's Office for the Western District of New York. No summons will issue. (TMK) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Sean Patrick Benton.(Comerford, Ida) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Sean Patrick Benton. (Attachments: #1 Exhibit A-Notice of Decision-Unfavorable, #2 Exhibit B-Notice of Appeals Council, #3 Summons, #4 Summons, #5 Summons, #6 Civil Cover Sheet, #7 WITHDRAWAL OF CONSENT OF MAGRISTRATE)(Comerford, Ida) |
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| Plaintiff: Sean Patrick Benton | |
| Represented By: | Ida M. Comerford |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Andreea Laura Lechleitner |
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