Thornton v. Commissioner of Social Security
| Kevin Thornton |
| Commissioner of Social Security and Commissioner, Social Security Administration |
| Social Security Administration - Interested Party |
| 3:2024cv00268 |
| February 2, 2024 |
| US District Court for the Northern District of Texas |
| Rebecca Rutherford |
| Social Security: DIWC/DIWW (405(g)) |
| 42 U.S.C. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
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| Filing 10 Social Security Consent filed by Commissioner, Social Security Administration. (Clerk to review the consent form and reassign the case to a district judge if appropriate.) (Bowie, Roberta) Modified docket text and added document on 3/29/2024 (mms). |
| Filing 9 Administrative Record consisting of Social Security record filed by Commissioner, Social Security Administration. (Attachments: #1 Additional Page(s), #2 Additional Page(s), #3 Additional Page(s), #4 Additional Page(s), #5 Additional Page(s), #6 Additional Page(s), #7 Additional Page(s), #8 Additional Page(s), #9 Additional Page(s), #10 Additional Page(s), #11 Additional Page(s)) (Bowie, Roberta) |
| Filing 8 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Commissioner, Social Security Administration. (Clerk QC note: No affiliate entered in ECF). (Bowie, Roberta) |
| Filing 7 NOTICE of Attorney Appearance by Roberta Gene Bowie on behalf of Commissioner, Social Security Administration. (Filer confirms contact info in ECF is current.) (Bowie, Roberta) |
Filing 6
CASE MANAGEMENT AND SCHEDULING ORDER. Answer due by April 2, 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.), the Clerk of Court notified the Commissioner of the commencement of this action on February 2, 2024. The Commissioner must serve an answer on Plaintiff on or before April 2, 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 Plaintiff's 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 2/5/2024) (chmb)
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Filing 5
ELECTRONIC ORDER: Before the Court is #3 Plaintiff's Motion for Leave to Proceed Without Designation of Local Counsel. Having considered such motion, the Court concludes that it should be GRANTED. The Court ORDERS that Howard D. Olinsky may represent the Plaintiff without designating local counsel, subject to further order of the Court. (Ordered by Magistrate Judge Rebecca Rutherford on 2/5/2024) (chmb)
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| Filing 4 New Case Notes: A filing fee has 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. (ykp) |
| Filing 3 MOTION to Waive Local Counsel Requirement filed by Kevin Thornton (Attachments: #1 Memo in Support, #2 Proposed Order) (Olinsky, Howard) Modified to terminate on 2/6/2024 (sxf). |
| Filing 2 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Kevin Thornton. (Clerk QC note: No affiliate entered in ECF). (Olinsky, Howard) |
| Filing 1 COMPLAINT against Commissioner of Social Security filed by Kevin Thornton. (Filing fee $405; Receipt number ATXNDC-14363159) 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 Civil Cover Sheet) (Olinsky, Howard) |
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