Smith v. Commissioner of Social Security
| Nicholas Smith |
| Commissioner of Social Security |
| Social Security Administration - Interested Party |
| 3:2023cv01866 |
| August 17, 2023 |
| US District Court for the Northern District of Texas |
| Ed Kinkeade |
| Rebecca Rutherford |
| Social Security: DIWC/DIWW (405(g)) |
| 42 U.S.C. ยง 206 Social Security Benefits |
| None |
Docket Report
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This docket was last retrieved on August 23, 2023. A more recent docket listing may be available from PACER.
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| ***Clerk's Notice of delivery: (see NEF for details) Docket No:5. Wed Aug 23 10:19:04 CDT 2023 (crt) |
Filing 5
CASE MANAGEMENT AND SCHEDULING ORDER. Answer due by 10/16/2023; 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.), the Clerk of Court notified the Commissioner of the commencement of this action on 8/17/2023. The Commissioner must serve an answer on Plaintiff on or before 10/16/2023. 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 8/22/2023) (chmb)
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| Filing 4 Court Request for Recusal: Magistrate Judge David L. Horan recused pursuant to Special Order 3-346. Magistrate Judge Rebecca Rutherford assigned for matters that may be referred in this case. (ndt) |
| ***Clerk's Notice of delivery: (see NEF for details) Docket No:1, 2. Mon Aug 21 10:48:29 CDT 2023 (crt) |
| Filing 3 COMPLAINT against Commissioner of Social Security filed by Nicholas Smith. 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.) (agc) |
| Filing 2 Notice and Instruction to Pro Se Party. (agc) |
| Filing 1 New Case Notes: A filing fee has not been paid. CASREF case referral set and case referred to Magistrate Judge Horan (see Special Order 3). Initiating documents received by mail. No prior sanctions found. (For court use only - links to the #national and #circuit indexes.) Pursuant to Misc. Order 6, Plaintiff is provided the Notice of Right to Consent to Proceed Before A U.S. Magistrate Judge (Judge Horan). Clerk to provide copy to plaintiff if not received electronically. (agc) |
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