Demers v. Commissioner of Social Security
| Tara Demers |
| Commissioner of Social Security |
| SSA |
| 2:2023cv03510 |
| October 22, 2023 |
| US District Court for the Southern District of Ohio |
| Kimberly A Jolson |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
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| Filing 8 First CERTIFIED ADMINISTRATIVE RECORD filed by Defendant Statement of Errors due by 1/25/2024. (Attachments: #1 002 Court Transcript Index, #2 003 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable, #3 004 Payment Documents and Decisions, #4 005 Jurisdictional Documents and Notices, #5 006 Non Disability Related Development, #6 007 Disability Related Development, #7 008 Medical Records Part 1, #8 009 Medical Records Part 2) (Stark, John) |
| CLERK'S NOTICE: As no party has indicated on the previously issued #6 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) |
| Set Deadlines: Commissioner of Social Security shall file the electronic certified administrative record and answer or respond to the Complaint by 12/26/2023. (jmb) |
Filing 7
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Defendant must file and serve on Plaintiff a certified copy of the Administrative Record within 60 days after filing of the Social Security Identification form. Plaintiff must serve a Statement of Errors within 45 days after service of the administrative record. Defendant must serve and file a Memo in Opp to Plaintiff's Statement of Errors within 45 days. Plaintiff may file and serve a Reply Memo within 15 days thereafter. In cases decided by a Magistrate Judge upon the unanimous consent of the parties under 28 U.S.C. 636(c), appeals may be taken as provided by law. In cases in which the Magistrate Judge files a report and recommendations to a District Judge on the merits of the case, the time for filing objections and responses to objections is the fourteen-day period provided by 28 U.S.C. 636(b) and Fed. R. Civ. P. 72, unless modified by the Court. Signed by Magistrate Judge Kimberly A. Jolson on 10/23/2023. (er)
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| Filing 6 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 11/22/2023 (jmb) |
| Filing 5 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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NOTATION ORDER granting #4 Motion for Leave to Appear Pro Hac Vice of Justin Goldstein as Co-Counsel. Co-Counsel is directed to register for e-filing through PACER unless they have done so previously. Signed by Magistrate Judge Kimberly A. Jolson on 10/23/2023. (jmb)
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| Notice of Correction: Please note the defendant's name has been corrected to reflect Commissioner of Social Security in accordance with the Party Naming Standards available at #http://www.ohsd.uscourts.gov. No further action is required. (jmb) |
| Filing 4 MOTION for Leave to Appear Pro Hac Vice (Filing fee of $200 paid, receipt number AOHSDC-9656001) of Justin Goldstein by Plaintiff Tara Demars. (Attachments: #1 Certificate of Good Standing) (Dick, David) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Plaintiff Tara Demars. (Dick, David) |
| Filing 1 COMPLAINT against Kilolo Kijakazi, Acting Commissioner of Social Security, filed by Tara Demars. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A: ALJ Decision, #3 Exhibit B: Appeals Council Decision) (Dick, David) |
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