Newberry v. Commissioner of Social Security
| Tracy L. Newberry |
| Commissioner of Social Security |
| 1:2022cv00531 |
| September 15, 2022 |
| US District Court for the Southern District of Ohio |
| Caroline H Gentry |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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This docket was last retrieved on November 23, 2022. A more recent docket listing may be available from PACER.
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Filing 8
CLERK'S JUDGMENT pursuant to #7 , Decision and Entry entered by Magistrate Judge Caroline H. Gentry on 11/09/2022. (jmb)
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Filing 7
DECISION AND ENTRY - IT IS THEREFORE ORDERED THAT: 1. The parties' Joint Stipulation to Remand to the Commissioner (Doc. #6 ) is ACCEPTED; 2. The Clerk of Court is directed to enter Judgment in Plaintiff's favor under Fed. R. Civ. P. 58; 3. This matter is REMANDED to the Social Security Administration, pursuant to Sentence Four of 42 U.S.C. 405(g), for further consideration consistent with this Decision and Entry and the parties Motion; and 4. The case is terminated on the docket of this Court. IT IS SO ORDERED. Signed by Magistrate Judge Caroline H. Gentry on 11/9/2022. (srb)
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Filing 6
STIPULATION (Joint) for Remand by Defendant Commissioner of Social Security. (Julis, Rachel)
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CLERK'S NOTICE: As no party has indicated on the previously issued #4 Statement as to Magistrate Judge Jurisdiction Form that they are withholding their consent to Magistrate Judge jurisdiction, the case will remain with the assigned Magistrate Judge for all matters, including entry of a final judgment pursuant to General Order 22-04. (jmb)
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Filing 5
ORDER - In accordance with the Southern District of Ohio Civil Rule 8.1, the Commissioner shall file and serve a certified copy of the administrative record within sixty (60) days after filing of the Social Security Identification Form, which copy shall function as the Answer. Plaintiff must file a Statement of Errors within forty-five (45) days after filing of the administrative record setting forth the bases upon which reversal or remand is sought. The Commissioner must file and serve a Memorandum in Opposition to Plaintiff's Statement of Errors within forty-five (45) days after service of the Statement of Errors. Plaintiff's Reply, if any, must be filed fifteen (15) days after the memorandum in opposition is filed. All briefing must include references to the administrative record. Signed by Magistrate Judge Caroline H. Gentry on 09/16/2022. (jmb)
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Filing 4
Statement As To Magistrate Judge Jurisdiction Form. The completed Statement As To Magistrate Jurisdiction Form shall be completed and emailed to the Court's Social Security Case Coordinator at, SSA_Coordinator@ohsd.uscourts.gov or mailed to: Office of the ClerkWalter H. Rice Federal Buildingand U.S. CourthouseRoom 712Attn: Social Security Coordinator200 W. Second StreetDayton, Ohio 45402DO NOT ELECTRONICALLY FILE THIS DOCUMENT, IT MUST BE MAILED TO THE ABOVE ADDRESS OR EMAILED TO SSA_Coordinator@ohsd.uscourts.gov. The completed Statement As To Magistrate Judge Jurisdiction Form due by 10/17/2022 (jmb)
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Filing 3
CLERK'S NOTICE and GENERAL ORDER 22-04: Pursuant to #S.D. Ohio General Order 22-04, if no party indicates that they are withholding their consent to Magistrate Judge jurisdiction, the case will remain with the assigned Magistrate Judge for all matters, including entry of a final judgment. Further, the filing of a party's statement of errors or memorandum in opposition without first filing an executed copy of the Statement as to Magistrate Judge Jurisdiction Form will also be deemed as consent by that party to Magistrate Judge jurisdiction over all aspects of the litigation, including entry of a final judgment. (jmb)
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Set/Reset Deadlines: Commissioner of Social Security answer due 11/15/2022. (jmb)
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Filing 1
COMPLAINT against Tracy L. Newberry ( Filing fee $ 402 paid - receipt number: AOHSDC-9048943), filed by Tracy L. Newberry. (Attachments: #1 Civil Cover Sheet) (Williams, James)
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| Plaintiff: Tracy L. Newberry | |
| Represented By: | James Roy Williams |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Rachel Julis |
| Represented By: | John J. Stark |
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