Lemon v. Commissioner of the Social Security Administration
Plaintiff: Cassandra Yvette Lemon
Defendant: Commissioner of the Social Security Administration
Interested Party: Social Security Administrative Record
Case Number: 4:2020cv02310
Filed: June 18, 2020
Court: US District Court for the District of South Carolina
Presiding Judge: R Bryan Harwell
Referring Judge: Thomas E Rogers
Nature of Suit: Social Security: DIWC/DIWW
Cause of Action: 42:405
Jury Demanded By: None
Docket Report

This docket was last retrieved on July 9, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 9, 2020 Filing 10 SUMMONS Returned Executed by Cassandra Yvette Lemon. Commissioner of the Social Security Administration served on 6/25/2020, pursuant to Local Rule 83.VII.03 answer due 10/23/2020. (Attachments: #1 Exhibit Green Card, #2 Exhibit Green Card, #3 Exhibit Green Card)(Lewis, Alexander)
July 2, 2020 Opinion or Order Filing 9 ORDER REFERRING CASE to Magistrate Judge Magistrate Judge Thomas E Rogers, III. Signed by Chief Judge R Bryan Harwell on 7/2/2020. (lgib, )
July 1, 2020 Filing 8 CONSENT to Jurisdiction by US Magistrate Judge by Cassandra Yvette Lemon.. (Lewis, Alexander)
June 19, 2020 Opinion or Order Filing 7 TEXT ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Thomas E Rogers, III on 6/19/2020.(prou, )
June 19, 2020 Opinion or Order Filing 6 TEXT ORDER: In accordance with the policy of the Judicial Conference of the United States, the Administrative Office of the United States Courts (AOUSC) recently completed a Survey of Magistrate Judge Positions in the District of South Carolina. The report is a district-wide review of the court's magistrate judge positions. By local rule, all social security appeals are automatically referred to magistrate judges on a district-wide rotation for reports and recommendations or final disposition by consent of the parties. According to the report, for the period of 2015-2019, social security appeals in this district increased by 37 percent, and felony criminal cases increased by over 16 percent. As a result of the COVID-19 pandemic, grand jury proceedings were post-poned and criminal jury trials have been continued until July 6, 2020. Most detention facilities have initiated mitigation measures which limit the transportation of inmates and in-person visits, including attorney visits. While the court has held certain hearings by videoconference, these events have necessarily resulted in a backlog of criminal cases which will require attention as such restrictions are relaxed. New criminal cases will be generated once Grand Jury proceedings resume.Criminal cases take priority over civil cases due in part due to the Speedy Trial Act. Once restrictive measures are released, the court anticipates a flood of criminal matters that will require disposition, which must be given priority over civil matters, including social security appeals. This is in addition to a recent increase in filings by federal inmates seeking reduction in sentences and compassionate release pursuant to the First Step Act of 2019.The Federal Magistrates Act of 1968 established the magistrate judge's system as a supplemental judicial resource to assist the district courts and provide better service to litigants.The AOUSC report notes that in 2019, only 27 of the 350 social security appeals (0.077 percent) disposed of by magistrate judges in this district were handled by them with the parties' consent. According to the report:"Many districts around the country have had great success in encouraging consent to magistrate judges in social security appeal cases. Maximizing dispositions on consent rather than through reports and recommendations could be part of the court's strategy, to the extent it is feasible, for maintaining the just, speedy, and inexpensive determination of these cases, as well as realizing the benefits of consent outlined below. Consent to disposition by the magistrate judge can bring about a quicker resolution of the appeal than the report and recommendation process.Therefore, the court may wish to remind the government and members of the social security bar of the consent option, and its time savings for litigants, by appropriate means (e.g., form letters to parties, status conferences, speaking engagements before the bar)." The completion of the AO report is prophetic considering recent events which will place additional strains on district court resources. Pursuant to 28 U.S.C. 631, United States Magistrate Judges are appointed by the district court. Such appointments are made after a rigorous application and screening process. Pursuant to 28 U.S.C. 636(c) and Fed. R. Civ. P. 73, a United States Magistrate Judge may, upon consent of the parties, conduct any or all proceedings in a jury or nonjury civil matter and enter a final order in the case. It has been the practice of this court to give particular attention to social security appeals given the nature of such actions. However, the impact of increased caseloads, the direct and indirect effects of the COVID-19 pandemic, and requirement of docket priority for criminal cases will necessarily affect the court's ability to provide for prompt adjudication of social security cases. Based on the foregoing, consideration should be given to the referral of social security appeals to a United States Magistrate Judge for final disposition. The court is informed that it is the standing policy of the Government in this district to so consent. Accordingly, Plaintiff shall file a status report within 30 days informing the court as to whether Plaintiff consents to disposition by a United States Magistrate Judge. If Plaintiff consents, AO Form 85, found at https://www.uscourts.gov/forms/civil-forms/notice-consent-and-reference-civil-action-magistrate-judge may be filed in lieu of a status report. Signed by Chief Judge R Bryan Harwell on 6/19/2020. (tmcb, )
June 19, 2020 Filing 4 Summons Issued as to Commissioner of the Social Security Administration, U.S. Attorney and U.S. Attorney General. (prou, )
June 18, 2020 Filing 3 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Cassandra Yvette Lemon. Response to Motion due by 7/2/2020. Add an additional 3 days only if served by mail or otherwise allowed under Fed. R. Civ. P. 6 or Fed. R. Crim. P. 45. No proposed order.Motions referred to Thomas E Rogers, III.(prou, )
June 18, 2020 Filing 1 COMPLAINT against Commissioner of the Social Security Administration. Clerk's Note: See 28:636(b)(1)(C)(4)(c)(1) and Local Rule 83.VII.02 regarding Consents to Proceed before Magistrate Judge in Social Security cases. Consent to Proceed before Magistrate Judge forms are available on the Court's website., filed by Cassandra Yvette Lemon. Service due by 9/16/2020.(prou, )

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Plaintiff: Cassandra Yvette Lemon
Represented By: Alexander Page Lewis
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Interested party: Social Security Administrative Record
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Defendant: Commissioner of the Social Security Administration
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