Mims v. Commissioner of Social Security
| Linda L Mims |
| Commissioner of Social Security and Commissioner, Social Security Administration |
| Social Security Administration - Interested Party |
| 5:2023cv00293 |
| December 6, 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. ยง 405 Review of HHS Decision (DIWC) |
| None |
Docket Report
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| Filing 11 Motion for Extension of Time to File Answer filed by Commissioner, Social Security Administration (Attachments: #1 Proposed Order) (Olszewski, Natalie) |
| Filing 10 Social Security Consent filed by Linda L Mims. (Clerk to review the consent form and reassign the case to a district judge if appropriate.) (Osterhout, Karl). |
| Filing 9 NOTICE of Attorney Appearance by Natalie E Olszewski on behalf of Commissioner, Social Security Administration. (Filer confirms contact info in ECF is current.) (Olszewski, Natalie) |
Filing 8
ELECTRONIC ORDER: CASE MANAGEMENT AND SCHEDULING ORDER. Answer due by 2/5/2024; 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 12/7/2023. The Commissioner must serve an answer on Plaintiff on or before 2/5/2024. 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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| Filing 7 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. (bmh) |
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Filing 6
ORDER granting #2 Motion for Leave to Proceed In Forma Pauperis. 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 12/7/2023) (cea)
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Filing 5
ELECTRONIC ORDER granting #4 Motion for Leave to Proceed Without Local Counsel. (Ordered by Magistrate Judge Irma Carrillo Ramirez on 12/7/2023) (Magistrate Judge Irma Carrillo Ramirez)
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| Filing 4 MOTION for Leave to Proceed Without Local Counsel filed by Linda L Mims (Osterhout, Karl) |
| Filing 3 CERTIFICATE OF INTERESTED PERSONS/DISCLOSURE STATEMENT by Linda L Mims. (Clerk QC note: No affiliate entered in ECF). (Osterhout, Karl) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by Linda L Mims (Osterhout, Karl) |
| Filing 1 COMPLAINT against Commissioner of Social Security filed by Linda L Mims. (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) (Osterhout, Karl) |
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