Wactor v. Commissioner of Social Security
| Mary Louise Wactor |
| Commissioner of Social Security |
| 1:2021cv00170 |
| April 16, 2021 |
| US District Court for the Eastern District of Texas |
| Zack Hawthorn |
| Michael J Truncale |
| Social Security: DIWC/DIWW |
| 42 U.S.C. § 405 Review of HHS Decision (DIWW) |
| None |
Docket Report
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This docket was last retrieved on September 14, 2023. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 23 FINAL JUDGMENT that the Commissioner's decision is remanded to the agency for further proceedings pursuant to sentence four of 42 USC 405(g). This case is dismissed with prejudice. Signed by District Judge Michael J. Truncale on 3/12/2023. (bjc, ) |
Filing 22
ORDER adopting #21 Report and Recommendations. Signed by District Judge Michael J. Truncale on 3/12/2023. (bjc, )
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| Filing 21 REPORT AND RECOMMENDATION. The undersigned finds that ALJ Easons failure to properly evaluate and discuss the medical opinion evidence was not harmless. Accordingly, the Commissioners administrative decision should be remanded. Because the case is remanded based on Wactors first point of error, the remaining issues raised in Wactors briefing are not addressed in this report. However, the Commissioner is advised to revisit the evidence of Wactors mental health on remand and include any nonexertional impairments, if the evidence supports such a finding, at step two. Signed by Magistrate Judge Zack Hawthorn on 1/19/2023. (bjc, ) |
| Filing 20 Appellant's REPLY BRIEF by Mary Louise Wactor. (Olinsky, Howard) |
| SOCIAL SECURITY TRANSCRIPT previously filed with answer. (mkm, ) |
| Filing 19 BRIEF filed by Commissioner of Social Security. (Thorp, Whitney) |
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Filing 18
***FILED IN ERROR - Please Ignore *** ORDER directing filing of brief. Plaintiff shall file a brief on or before March 1, 2022. Defendant shall file a brief on or before April 1, 2022. Plaintiff may file a reply to the Defendant's brief on or before April 15, 2022. Defendant may file a response to the reply brief on or before May 1, 2022. Signed by Magistrate Judge Zack Hawthorn on 1/25/2022. (bjc, ) Modified on 1/25/2022 (ttp, ).
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| ***FILED IN ERROR. Document # 18, Briefing Order. PLEASE IGNORE.*** (ttp, ) |
| Filing 17 Appellant's BRIEF by Mary Louise Wactor. (Olinsky, Howard) |
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Filing 16
BRIEFING ORDER that plaintiff file a brief on or before December 19, 2021. Defendant shall file a brief on or before February 19, 2022. Plaintiff may file a reply to the Defendant's brief on or before March 19, 2022. Defendant may file a response to the reply brief on or before April 19, 2022. Signed by Magistrate Judge Zack Hawthorn on 9/8/2021. (bjc, )
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| ***FILED IN ERROR PER CHAMBERS.*** SOCIAL SECURITY TRANSCRIPT previously filed w answer. (mkm, ) Modified on 9/8/2021 (bjc, ). |
| Filing 14 Defendant's ANSWER to #1 Complaint by Commissioner of Social Security. (Attachments: #1 Appendix 001 Certification Page, #2 Appendix 002 Court Transcript Index, #3 Appendix 003 Documents Related to Administrative Process Including Transcript of Oral Hearing, #4 Appendix 004 Payment Documents and Decisions, #5 Appendix 005 Jurisdictional Documents and Notices Part 1, #6 Appendix 006 Jurisdictional Documents and Notices Part 2, #7 Appendix 007 Non Disability Related Development, #8 Appendix 008 Disability Related Development Part 1, #9 Appendix 009 Disability Related Development Part 2, #10 Appendix 010 Medical Records Part 1, #11 Appendix 011 Medical Records Part 2, #12 Appendix 012 Medical Records Part 3, #13 Appendix 013 Medical Records Part 4, #14 Appendix 014 Medical Records Part 5, #15 Appendix 015 Medical Records Part 6, #16 Appendix 016 Medical Records Part 7, #17 Appendix 017 Medical Records Part 8, #18 Appendix 019 Medical Records Part 9, #19 Appendix 019 Medical Records Part 10, #20 Appendix 020 Medical Records Part 11, #21 Appendix 021 Medical Records Part 12, #22 Appendix 022 Medical Records Part 13, #23 Appendix 023 Medical Records Part 14)(Thorp, Whitney) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (bjc, ) |
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Filing 13
ORDERED that Defendant Commissioner is granted an extension of time to August 27, 2021, to file an answer to the Plaintiff's complaint and provide a copy of the administrative record as an attachment. Signed by Magistrate Judge Zack Hawthorn on 6/28/2021. (bjc, )
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| Filing 12 First MOTION for Extension of Time to File the Electronic Certified Administrative Record and Answer or Otherwise Respond to Plaintiff's Complaint by Commissioner of Social Security. (Attachments: #1 Affidavit, #2 Text of Proposed Order)(Thorp, Whitney) |
| Filing 11 NOTICE of Attorney Appearance by Whitney Livengood Thorp on behalf of Commissioner of Social Security (Thorp, Whitney) |
| Filing 10 SUMMONS Returned Executed by Mary Louise Wactor. Commissioner of Social Security served by certified mail on 4/22/2021. (bjc, ) |
| Filing 9 SUMMONS Returned Executed by Mary Louise Wactor. US Attorney General served by certified mail on 4/29/2021. (bjc, ) |
| Filing 8 SUMMONS Returned Executed by Mary Louise Wactor. US Attorney served by certified mail on 4/22/2021, answer due 6/21/2021. (bjc, ) |
| Filing 6 Summons Issued as to Commissioner of Social Security, U.S. Attorney and U.S. Attorney General and handed to USM for service. (Attachments: #1 US Attorney Civil Process Clerk Summons, #2 US Attorney General Summons)(ljw, ) |
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Filing 5
ORDER granting #2 Motion for Leave to Proceed in forma pauperis. The Clerk of Court shall issue process and the United States Marshal shall serve process by registered or certified mail. Signed by Magistrate Judge Zack Hawthorn on 4/16/21. (ljw, )
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Filing 4
ORDER REGARDING FILING OF SOCIAL SECURITY TRANSCRIPTS. Signed by Magistrate Judge Zack Hawthorn on 4/16/21. (ljw, )
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Filing 3
NOTICE TO PARTIES IN SOCIAL SECURITY APPEAL CASES AND ORDER. Signed by Magistrate Judge Zack Hawthorn on 4/16/21. cc:AUSA(ljw, )
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| Filing 2 MOTION for Leave to Proceed in forma pauperis by Mary Louise Wactor. (Attachments: #1 Text of Proposed Order)(Olinsky, Howard) |
| Filing 1 COMPLAINT against Commissioner of Social Security, filed by Mary Louise Wactor. (Attachments: #1 Exhibit A: Notice of Appeals Council Action, #2 Civil Cover Sheet)(Olinsky, Howard) |
| Case assigned to District Judge Michael J. Truncale. (ljw, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ljw, ) |
| CASE REFERRED to Magistrate Judge Zack Hawthorn. (ljw, ) |
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| Plaintiff: Mary Louise Wactor | |
| Represented By: | Howard David Olinsky |
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| Defendant: Commissioner of Social Security | |
| Represented By: | Whitney Livengood Thorp |
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