Tribble v. Commissioner of Social Security Administration
| Lakeisha S Tribble |
| Commissioner of Social Security Administration |
| Social Security Administrative Record |
| 8:2020cv02631 |
| July 16, 2020 |
| US District Court for the District of South Carolina |
| Jacquelyn D Austin |
| Donald C Coggins |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. ยง 405 |
| None |
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| Filing 8 SUMMONS Returned Executed by Lakeisha S Tribble. Commissioner of Social Security Administration served on 8/7/2020, pursuant to Local Rule 83.VII.03 answer due 12/7/2020. (Attachments: #1 Supporting Documents Certified Receipt: Commissioner of SSA, #2 Supporting Documents Certified Receipt: Civil Process Clerk, #3 Supporting Documents Certified Receipt: US Attorney General)(Duggan, John) |
| Filing 7 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 United States 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 20152019, social security appeals in this district increased by 37 percent, and felony criminal cases increased by over 16 percent. Criminal cases take priority over civil cases due in part due to the Speedy Trial Act. Accordingly, consideration of social security appeals is sometimes delayed as a result of the District Courts necessarily dealing with criminal matters which are on a strict statutory deadline.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, of the 350 social security appeals decided in the District of South Carolina, only 27 (7.7 percent) were disposed of by United States Magistrate Judges 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 AOUSC report is prescient considering recent events which have placed 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. While parties have the right to adjudication of such matters by a District Judge and may absolutely withhold consent without adverse substantive consequences, 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 U.S. Attorney for the District of South Carolina has entered a Standing Consent Agreement for such referrals. See 3:04-mc-5005.Accordingly, counsel for the Plaintiff is directed to consult with the Plaintiff concerning the foregoing and to 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 the status report. Signed by Honorable Donald C Coggins, Jr on 7/20/2020. (sgri) |
Filing 6
TEXT ORDER granting #3 Motion for Leave to Proceed in forma pauperis Signed by Magistrate Judge Jacquelyn D Austin on 7/17/2020.(sgri) Modified on 7/20/2020 to edit text. (sgri)
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| Filing 4 Summons Issued as to Commissioner of Social Security Administration. U.S. Attorney and U.S. Attorney General. (sgri) (Main Document 4 replaced on 7/17/2020) (sgri). Modified on 7/17/2020 corrected and replaced document(sgri). |
| Filing 3 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Lakeisha S Tribble. Response to Motion due by 7/30/2020. 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 Jacquelyn D Austin.(sgri) |
| Filing 1 COMPLAINT against Commissioner of 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 Lakeisha S Tribble. Service due by 10/14/2020(sgri) |
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