Matthews v. Commissioner, Social Security Administration
| Tina Marie Matthews |
| Kilolo Kijakazi, Acting Commissioner of the Social Security Administration and Commissioner, Social Security Administration |
| Social Security Administration - Interested Party |
| 1:2023cv00213 |
| November 3, 2023 |
| US District Court for the Northern District of Texas |
| Irma Carrillo Ramirez |
| Rebecca Rutherford |
| Social Security: DIWC/DIWW (405(g)) |
| 42 U.S.C. § 416 Denial of Social Security Benefits |
| None |
Docket Report
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This docket was last retrieved on December 22, 2023. A more recent docket listing may be available from PACER.
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Filing 13
ORDER GRANTING EXTENSION OF TIME TO FILE DEFENDANT'S ANSWER/CERTIFIED ADMINISTRATIVE RECORD. The Unopposed Motion for Extension of Time to File Answer filed by Commissioner, Social Security Administration #11 is GRANTED. Defendant shall file the certified administrative record or otherwise respond to Plaintiff's Complaint on or before 2/4/2024. (Ordered by Magistrate Judge Rebecca Rutherford on 12/22/2023) (mms)
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| Filing 12 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Commissioner, Social Security Administration. (Clerk QC note: No affiliate entered in ECF). (Velte, Henry) |
| Filing 11 Unopposed Motion for Extension of Time to File Answer filed by Commissioner, Social Security Administration (Attachments: #1 Proposed Order) (Velte, Henry) |
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Filing 10
ELECTRONIC ORDER: CASE MANAGEMENT AND SCHEDULING ORDER. Answer due by 1/5/2024; Plaintiff's brief due within 30 days after the answer is filed. Plaintiff filed this civil action under 42 U.S.C. 405(g) seeking judicial review of a decision by the Commissioner of Social Security. Pursuant to the Federal Rules of Civil Procedure (FRCP) and the Supplemental Rules for Social Security Actions (Supp. SSA R.) effective 12/1/2022, the Clerk of Court notified the Commissioner of the commencement of this action on 11/6/2023. The Commissioner must serve an answer on Plaintiff on or before 1/5/2024. See Supp. SSA R. 4(a) ("An answer must be served on the plaintiff within 60 days after notice of the action is given.") The answer may be limited to a certified copy of the administrative record, and any affirmative defenses under FRCP 8(c). Supp. SSA R. 4(b). FRCP 8(b) does not apply, but the Commissioner is free to answer any allegations that the Commissioner may wish to address in the pleadings. Supp. SSA R. 4(b). As recognized by the Supp. SSA R., this action is essentially appellate in character; therefore, the Supp. SSA R. establish a uniform procedure for presenting the action for decision by briefs. See Supp. SSA R. 5-8. Under these rules, Plaintiff must file and serve on the Commissioner a brief for the requested relief within 30 days after the answer is filed. Supp. SSA R. 6. The Commissioner must file a brief and serve it on Plaintiff within 30 days after service of Plaintiffs brief. Supp. SSA R. 7. Plaintiff may file a reply brief and serve it on the Commissioner within 14 days after service of the Commissioner's brief. Supp. SSA R. 8. The parties' briefs must cite to the parts of the administrative record that support an assertion that the final decision is--or is not--supported by substantial evidence or contrary to law. Supp. SSA R. 5. (Ordered by Magistrate Judge Rebecca Rutherford on 12/11/2023) (chmb)
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| Case Reassigned to Magistrate Judge Rebecca Rutherford per SO 3-351. Magistrate Judge Irma Carrillo Ramirez no longer assigned to the case. (ctf) |
| Filing 9 Social Security Consent filed by Tina Marie Matthews. (Clerk to review the consent form and reassign the case to a district judge if appropriate.) (Long, Martin). |
| Filing 8 NOTICE of Attorney Appearance by Henry Ernest Velte, III on behalf of Commissioner, Social Security Administration. (Filer confirms contact info in ECF is current.) (Velte, Henry) |
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Filing 7
ORDER GRANTING IN FORMA PAUPERIS MOTION AND DIRECTING NOTIFICATION OF SUIT. Before the Court is the plaintiff's Application to Proceed In District Court Without Prepaying Fees or Costs (Long Form), filed on November 3, 2023 (doc. 5-1). The application is GRANTED in accordance with 28 U.S.C. 1915. In lieu of service under Fed. R. Civ. P. 4, as provided in Rule 3, Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g), the Clerk of Court is directed to NOTIFY the Commissioner of the Social Security Administration of this action by transmitting a Notice of Electronic Filing to the appropriate office within the Social Security Administrations's Office of General Counsel and to the United States Attorney for the Northern District of Texas. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 11/6/2023) (skf)
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| Filing 6 New Case Notes: A filing fee has not been paid. Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge. Clerk to provide copy to plaintiff if not received electronically. (skf) |
| Filing 5 MOTION for Leave to Proceed in forma pauperis filed by Tina Marie Matthews (Attachments: #1 Affidavit(s) IFP Affidavit, #2 Proposed Order Proposed IFP Order) (Long, Martin) |
| Filing 4 ADDITIONAL ATTACHMENTS to #1 Complaint,,,,, by Plaintiff Tina Marie Matthews. (Long, Martin) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Tina Marie Matthews. (Clerk QC note: No affiliate entered in ECF). (Long, Martin) |
| Filing 2 NOTICE of Attorney Appearance by Martin Wayne Long on behalf of Tina Marie Matthews. (Filer confirms contact info in ECF is current.) (Long, Martin) |
| Filing 1 COMPLAINT against Kilolo Kijakazi, Acting Commissioner of the Social Security Administration filed by Tina Marie Matthews. (Filer fee note- IFP motion in complaint or to be filed) Summons(es) not requested at this time. In each Notice of Electronic Filing, the judge assignment is indicated, and a link to the # Judges Copy Requirements and # Judge Specific Requirements is provided. The court reminds the filer that any required copy of this and future documents must be delivered to the judge, in the manner prescribed, within three business days of filing. Unless exempted, attorneys who are not admitted to practice in the Northern District of Texas must seek admission promptly. Forms, instructions, and exemption information may be found at www.txnd.uscourts.gov, or by clicking here: # Attorney Information - Bar Membership. If admission requirements are not satisfied within 21 days, the clerk will notify the presiding judge. (Complaint NEF sent to SSA OGC and to TXND USAO.) (Attachments: #1 Cover Sheet) (Long, Martin) |
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