Tibbits v. Commissioner of Social Security
Plaintiff: Nadine Tibbits
Defendant: Commissioner of Social Security
Case Number: 6:2022cv06547
Filed: December 7, 2022
Court: US District Court for the Western District of New York
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42 U.S.C. ยง 205 Denial Social Security Benefits
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 3, 2023 Filing 8 TEXT ORDER granting #7 Motion for Extension of Time to Answer re #7 MOTION for Extension of Time to File Answer - Commissioner of Social Security answer due 3/8/2023. Signed by Hon. Elizabeth A. Wolford on 2/3/23. (NNR)
February 2, 2023 Filing 7 MOTION for Extension of Time to File Answer by Commissioner of Social Security.(Ki, James)
December 23, 2022 Filing 6 NOTICE of Appearance by James Ki on behalf of Commissioner of Social Security (Ki, James)
December 14, 2022 Filing 5 TEXT ORDER granting #4 Motion for Leave to Proceed in forma pauperis. The Court finds that plaintiff meets the statutory requirements for in forma pauperis status and therefore her motion (Dkt. 4) is GRANTED. The Clerk of Court is directed to file plaintiff's papers without payment of fees. The service of the complaint has been performed in accordance with WDNY Local Rule 5.5. IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 12/14/22. (NNR)
December 13, 2022 Filing 4 Second MOTION for Leave to Proceed in forma pauperis by Nadine Tibbits.(Gorton, Peter)
December 9, 2022 Filing 3 TEXT ORDER denying #2 Motion for Leave to Proceed in forma pauperis as incomplete. Plaintiff indicates that she is not employed and that she receives government benefits to cover her rent and food expenses. She also states that she has four minor dependents. Plaintiff's application, however, is silent as to her total household expenses, except that she states that DSS pays for all of them. 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 January 9, 2023 to (1) re-file her 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 January 9, 2023, the Clerk of Court is directed to dismiss this case without prejudice and without further order. Signed by Hon. Elizabeth A. Wolford on 12/9/22. (NNR)Clerk to Follow up
December 8, 2022 Case placed in Social Security Assignment Pool. (LMD)
December 8, 2022 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. (LMD)
December 8, 2022 NOTICE regarding service of #1 Complaint, in a Social Security case: Commissioner of Social Security answer due 2/6/2023.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. (LMD)
December 7, 2022 Filing 2 First MOTION for Leave to Proceed in forma pauperis by Nadine Tibbits.(Gorton, Peter)
December 7, 2022 Filing 1 COMPLAINT against Commissioner of Social Security, filed by Nadine Tibbits. (Attachments: #1 Exhibit Assignment of Attorneys Fees, #2 Civil Cover Sheet Civil Cover Sheet, #3 Exhibit Summons Gen Counsel, #4 Exhibit Summons USAG, #5 Exhibit Summons USAO)(Gorton, Peter)

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Plaintiff: Nadine Tibbits
Represented By: Peter A. Gorton
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Defendant: Commissioner of Social Security
Represented By: James Ki
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