Bertelsen v. Bisignano
| Nathan Scott Bertelsen |
| Frank Bisignano |
| Social Security Administration Office of General Counsel |
| 2:2025cv00249 |
| March 31, 2025 |
| U.S. District Court for the District of Utah |
| Dale A Kimball |
| Social Security: SSID Tit. XVI |
| 42 U.S.C. § 0405 Review of HHS Decision (SSID) |
| None |
Docket Report
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This docket was last retrieved on September 8, 2025. A more recent docket listing may be available from PACER.
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Filing 16
JUDGMENT - Pursuant to the #15 Order entered on September 8, 2025, which grants Defendant's Unopposed Motion to Remand Pursuant to Sentence Four of 42 U.S.C. 405(g), the Commissioner's decision is reversed, and this action is remanded for additional administrative proceedings under sentence four of 42 U.S.C. 405(g). This action is CLOSED. Magistrate Judge Dustin B. Pead no longer assigned to case. Signed by Judge Dale A. Kimball on 9/8/2025. (eat)
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Filing 15
ORDER granting #14 Unopposed Motion to Remand to Social Security Administration. Signed by Magistrate Judge Dustin B. Pead on 9/8/2025. (eat)
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| Filing 14 Stipulated MOTION to Remand to Social Security Administration and Memorandum in Support filed by Defendant Frank Bisignano. Motions referred to Dustin B. Pead.(Johnson, Victoria) |
| Filing 13 NOTICE of Appearance by Victoria V. Johnson on behalf of Frank Bisignano (Johnson, Victoria) |
| Filing 12 MOTION for Review of Social Security Agency Action. Under Supplemental Rule 6, Plaintiff's Motion for Review of Agency Action is received filed by Plaintiff Nathan Scott Bertelsen. Under Supplemental Rule 7, Commissioners brief must be filed and served by 9/10/2025. Motions referred to Dustin B. Pead.(McGarry, Matthew) |
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Filing 11
ORDER granting #10 Motion to Amend Administrative Appeal Scheduling Order: Plaintiff's Opening Brief due: 8/11/2025. Commissioner's Responsive Brief due: 9/10/2025. Plaintiff's Reply Brief (if any) due: 9/24/2025. Oral argument will not be heard unless requested at time of filing first brief by either party and upon good cause shown. Signed by Magistrate Judge Dustin B. Pead on 6/3/2025. (eat)
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| Filing 10 MOTION to Amend Administrative Appeal Scheduling Order and Memorandum in Support (Unopposed) filed by Plaintiff Nathan Scott Bertelsen. (Attachments: #1 Text of Proposed Order) Motions referred to Dustin B. Pead.(McGarry, Matthew) |
| Filing 9 ADMINISTRATIVE RECORD ANSWER. The Commissioner's answer to #1 Complaint is received filed by Frank Bisignano. Under Supplemental Rule 6, Plaintiff Motion for Review of Agency Action must be filed and served by 6/12/2025. Under Supplemental Rule 7, Commissioner response brief must be filed and served on the plaintiff within 30 days after service of the Motion for Review of Agency Action. Under Supplemental Rule 8, Plaintiff may file and serve a reply brief within 14 days after service of the Commissioner brief. (Attachments: #1 Exhibit 2 - Court Transcript Index 04-28-2025, #2 Exhibit 3 - Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 09-13-2023, #3 Exhibit 4 - Payment Documents and Decisions 09-13-2023, #4 Exhibit 5 - Jurisdictional Documents and Notices 09-13-2023, #5 Exhibit 6 - Non Disability Related Development 09-13-2023, #6 Exhibit 7 - Disability Related Development 09-13-2023, #7 Exhibit Medical Records (Volumes 1 through 23), #8 Exhibit 9 - Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable 04-28-2025, #9 Exhibit 10 - Payment Documents and Decisions 04-28-2025, #10 Exhibit 11 - Jurisdictional Documents and Notices 04-28-2025, #11 Exhibit 12 - Non Disability Related Development 04-28-2025, #12 Exhibit 13 - Disability Related Development 04-28-2025, #13 Exhibit Medical Records (Volumes 24 through 28))(Berndt, Amanda) |
| Filing 8 NOTICE FROM THE COURT: Frank Bisignano became the Commissioner of Social Security on May 7, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Frank Bisignano should be substituted for Leland Dudek as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. 405(g). (eat) Modified on 5/9/2025 by changing Acting Commissioner to Commissioner (eat). |
| Filing 7 NOTICE OF NON-CONSENT Consent to the jurisdiction of the Magistrate Judge under DUCivR 72-3 has not been obtained. Case randomly assigned to Judge Dale A. Kimball and Magistrate Judge Dustin B. Pead. Magistrate Judge is automatically referred under 28 U.S.C. 636(b)(1)(B). Magistrate Judge Dustin B. Pead no longer assigned as the presiding judge to the case. (mh) |
| Filing 6 NOTICE of Appearance by Amanda A. Berndt on behalf of Leland Dudek (Berndt, Amanda) |
| Filing 5 NOTICE OF PRESIDING MAGISTRATE JUDGE ASSIGNMENT - This case is assigned to a magistrate judge. Under 28 U.S.C. 636(c), Fed. R. Civ. P. 73, and DUCivR 72-3, you are hereby notified that a magistrate judge for the District of Utah may conduct any or all proceedings in this case, including a jury or bench trial and entry of a final judgment. Exercise of this jurisdiction by the magistrate judge is permitted only if all parties voluntarily sign and return the form. To consent, return the Consent Form to the clerk's office within 21 days via email at [email protected] or mail to the address on the form. Please do not efile the Consent Form in the case. Notice emailed or mailed to Plaintiff Nathan Scott Bertelsen. Form due by 4/22/2025. (alf) |
| Filing 4 NOTICE - Service in Social Security Case, re #1 Complaint filed. Consistent with the Supplemental Rules for Social Security Actions Under 42 U.S.C. 405(g) and DUCivR 7-4, the court has notified the Commissioner of the commencement of this action by transmitting a Notice of Electronic Filing to the Social Security Administration and United States Attorney's Office for the District of Utah. Answer due by 6/2/2025. (sg) |
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Filing 3
ORDER granting #2 Motion for Leave to Proceed in forma pauperis under 28 U.S.C 1915. Signed by Magistrate Judge Dustin B. Pead on 04/01/2025. (sg)
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| Filing 2 **SEALED DOCUMENT** MOTION for Leave to Proceed in forma pauperis. Case file will be forwarded to a Magistrate Judge after intake review, filed by Plaintiff Nathan Scott Bertelsen. (McGarry, Matthew) |
| Filing 1 COMPLAINT against Leland Dudek with In Forma Pauperis request filed by Nathan Scott Bertelsen. (Attachments: #1 Exhibit A: Notice of Unfavorable Decision, #2 Civil Cover Sheet) (McGarry, Matthew) |
| Magistrate Judge Dustin B. Pead added. Case number will now read 2:25-cv-00249-DBP. Please make changes to document captions accordingly. (sg) |
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