Spurling v. Commissioner of Social Security Administration
| Tara Lynn Moore Spurling |
| Commissioner of Social Security Administration |
| Social Security Administrative Record and US Attorney - Social Security Noticing |
| 9:2022cv02691 |
| August 15, 2022 |
| US District Court for the District of South Carolina |
| Molly H Cherry |
| Bruce Howe Hendricks |
| Social Security: DIWC/DIWW |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| Filing 13 JUDGMENT: Decision of the Commissioner is Reversed and the case is Remanded to the Commissioner under Sentence Four 42 U.S.C. 405(g). (tsim, ) |
Filing 12
ORDER granting #11 Motion to Remand. This case shall be remanded to the Commissioner pursuant to the fourth sentence of 42 U.S.C. 405(g). Signed by Honorable Bruce Howe Hendricks on 9/21/2022. (tsim, )
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| Filing 11 MOTION to Remand by Commissioner of Social Security Administration. Response to Motion due by 10/5/2022. 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. Proposed order is being emailed to chambers with copy to opposing counsel.Motions referred to Molly H Cherry.(Leach, David) |
| Filing 10 NOTICE of Appearance by David Leach on behalf of Commissioner of Social Security Administration (Leach, David) |
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Filing 8
ORDER granting #3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Molly H Cherry on 8/17/2022. (tsim, )
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| 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 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 2015-2019, 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 Court's 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. Entered at the direction of Honorable Bruce Howe Hendricks on 8/16/2022. (tsim, ) |
| Filing 4 Notice: Social Security Case Service. Pursuant to Local Rule 83.VII.02, the Clerk has issued a Notice of Electronic Filing (NEF) using the Case Management and Electronic Case Filing (CM/ECF) system notifying the appropriate Regional Social Security Administration Office of the General Counsel and the United States Attorney's Office of the case. No summonses shall issue. Set Answer Deadline - Social Security Complaint: Answer due from Commissioner of Social Security Administration on 12/13/2022. (tsim, ) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis (Restricted Access) by Tara Lynn Moore Spurling. Response to Motion due by 8/29/2022. 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 Molly H Cherry. (tsim, ) |
| Filing 1 COMPLAINT against Commissioner of Social Security Administration filed by Tara Lynn Moore Spurling. Clerk's Note: See 28:636(b)(1)(C)(4)(c)(1) and Local Rule 83.VII.03 regarding Consent to Proceed before Magistrate Judge in Social Security cases. Consent to Proceed before Magistrate Judge forms are available on the Court's website. (tsim, ) |
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