Kimberlin v. Commissioner of Social Security
| Rachelle D. Kimberlin |
| Commissioner of Social Security |
| SSA |
| 2:2023cv03616 |
| October 31, 2023 |
| US District Court for the Southern District of Ohio |
| Stephanie K Bowman |
| Algenon L Marbley |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 205 Denial Social Security Benefits |
| None |
Docket Report
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| Document Text |
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| Filing 8 Joint MOTION to Remand by Defendant Commissioner of Social Security. (Attachments: #1 Text of Proposed Order) (Sorkin, Adam) |
| Filing 7 First CERTIFIED ADMINISTRATIVE RECORD filed by Defendant Statement of Errors due by 1/29/2024. (Attachments: #1 002 Court Transcript Index 12-09-2023, #2 003 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 09-20-2021, #3 004 Payment Documents and Decisions 09-20-2021, #4 005 Jurisdictional Documents and Notices 09-20-2021, #5 006 Non Disability Related Development 09-20-2021, #6 007 Disability Related Development 09-20-2021, #7 008 Medical Records 09-20-2021 Part 1, #8 009 Medical Records 09-20-2021 Part 2, #9 010 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 10-07-2021, #10 011 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 12-09-2023, #11 012 Payment Documents and Decisions 12-09-2023, #12 013 Jurisdictional Documents and Notices 12-09-2023, #13 014 Non Disability Related Development 12-09-2023, #14 015 Disability Related Development 12-09-2023, #15 016 Medical Records 12-09-2023) (Stark, John) |
| CLERK'S NOTICE: Pursuant to #S.D. Ohio General Order 22-04, there is no unanimous consent to Magistrate Judge jurisdiction. The Clerk of Court is DIRECTED to randomly assign this case to a resident District Judge. (jmb) |
| Chief Judge Algenon L. Marbley and Magistrate Judge Stephanie K. Bowman added. (jmb) |
| ***RESTRICTED*** 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) Restricted on 12/6/2023 (jmb). |
| Filing 6 COMPLAINT against Commissioner of Social Security, filed by Rachelle D. Kimberlin. (Attachments: #1 Civil Cover Sheet) (km) |
Filing 5
ORDER granting #1 Plaintiff's Motion for Leave to Proceed in forma pauperis. In accordance with Southern District of Ohio Civil Rule 8.1, the Commissioner shall file and serve a certified copy of the administrative record within 60 DAYS after filing of the Social Security Identification Form and the Complaint as required by Southern District of Ohio Civil Rule 8.1(a), which copy shall function as the Answer. Plaintiff must file a Statement of Errors within 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 45 DAYS after service of the Statement of Errors. Plaintiff's Reply, if any, must be filed 15 DAYS after the memorandum in opposition is filed. All briefing must include references to the administrative record. All briefing must include references to the administrative record in the following citation format to the Bates-stamped number in the lower-right hand corner of the page: "(R. at ____.)". All documents filed electronically must be filed in optical character recognition ("OCR") text-searchable PDF format. Signed by Magistrate Judge Stephanie K. Bowman on 11/1/2023. (km)
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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 12/1/2023 (jmb) |
| 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) |
| Set/Reset Deadlines: Commissioner of Social Security answer due 1/2/2024. (km) |
| Filing 1 MOTION for Leave to Proceed in forma pauperis by Plaintiff Rachelle D. Kimberlin. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Complaint) (Farrell, Clifford) |
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