Bromberg v. Commissioner, Social Security Administration
| Bret Bromberg |
| Commissioner Kilolo Kijakazi and Commissioner, Social Security Administration |
| Social Security Administration - Interested Party |
| 3:2023cv01213 |
| May 25, 2023 |
| US District Court for the Northern District of Texas |
| Sam A Lindsay |
| Rebecca Rutherford |
| Social Security: SSID Title XVI |
| 42 U.S.C. ยง 405 Review of HHS Decision (SSID) |
| None |
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Filing 7
CASE MANAGEMENT AND SCHEDULING ORDER. Answer due by 7/24/2023; 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 5/25/2023. The Commissioner must serve an answer on Plaintiff on or before 7/24/2023. 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 6/5/2023) (chmb)
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Filing 6
ORDER granting #2 Motion for Leave to Proceed In Forma Pauperis. The Clerk also shall NOTIFY the Commissioner of Social Security and the United States Attorney for the Northern District of Texas of the commencement of this action as provided in Rule 3, Supplemental Rules for Social Security Actions under 42 U.S.C. 405(g). (Ordered by Magistrate Judge Rebecca Rutherford on 6/2/2023) (axm)
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| Filing 5 ***Please Disregard - Entered in Error*** Summons issued as to Commissioner, Social Security Administration, U.S. Attorney, and U.S. Attorney General. (cfk) Modified on 5/26/2023 (axm). |
| Filing 4 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Rutherford (see Special Order 3). Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Rutherford). Clerk to provide copy to plaintiff if not received electronically. Motion(s) referred to Magistrate Judge Rebecca Rutherford. (cfk) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Bret Bromberg. (Clerk QC note: No affiliate entered in ECF). (Kelly, Michael) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Bret Bromberg (Kelly, Michael) |
| Filing 1 COMPLAINT against Kilolo Kijakazi filed by Bret Bromberg. (Filer fee note- IFP motion in complaint or to be filed) Clerk to issue summons(es). 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) (Kelly, Michael) (Attachment 1 replaced on 5/26/2023 to flatten pdf) (cfk). |
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