This case was last updated from PACER on 10/17/2020 at 07:21:20 (UTC).

Smith v. Commissioner of Social Security

Case Summary

On 10/09/2020 Smith filed a Government Benefit - Social Security Disability lawsuit against Commissioner of Social Security. This case was filed in U.S. District Courts, New York Southern District. The Judges overseeing this case are Vincent L. Briccetti and Judith C. McCarthy. The case status is Pending - Other Pending.

Case Details Parties Documents Dockets

 

Case Details

  • Case Number:

    7:20-CV-08547

  • Filing Date:

    10/09/2020

  • Case Status:

    Pending - Other Pending

  • Case Type:

    Government Benefit - Social Security Disability

  • Court:

    U.S. District Courts

  • Courthouse:

    New York Southern District

Judge Details

Presiding Judge

Vincent L. Briccetti

Referral Judge

Judith C. McCarthy

 

Party Details

Plaintiff

Veronica Smith

Bronx, NY 10456

Defendant

Commissioner of Social Security

Interested Party

Social Security Administration

 

Court Documents

#6

RESTRICTED

#5

(#5) ORDER OF SERVICE AND SCHEDULING ORDER: The Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this prose case, brought under 42 U.S.C. 405(g), for which the filing fee has been waived. In accordance with the Standing Order "Motions for Judgment on the Pleadings in Social Security Cases," 16-MC-0171 (Apr. 20, 2016): Within 90 days of the date of this order, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, the Commissioner must do so within 60 days of the date on which the e-CAR was filed. The motion must contain a full recitation of the relevant facts and a full description of the underlying administrative proceeding. The plaintiff must file an answering brief within 60 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 21 days thereafter. Memoranda in support of or in opposition to any dispositive motion may not exceed 25 pages in length; reply memoranda may not exceed 10 pages in length. A party seeking to exceed these page limitations must apply to the Court for leave to do so, with copies to all counsel, no fewer than seven days before the date on which the memorandum is due. SO ORDERED. Electronic Certified Administrative Record due by 1/13/2021. (Signed by Judge Vincent L. Briccetti on 10/15/2020) Copies Mailed By Chambers. (mml) Transmission to Pro Se Assistants for processing. (Entered: 10/15/2020)

#4

(#4) ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/15/2020) Copies Mailed By Chambers. (jca) (Entered: 10/15/2020)

#3

(#3) ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Social Security. Referred to Magistrate Judge Judith C. McCarthy. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/15/2020) Copies Mailed By Chambers. (jca) (Entered: 10/15/2020)

#2

RESTRICTED

#1

RESTRICTED

 

Docket Entries

  • 10/15/2020
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  • Docket(#6) INFORMATION PACKAGE MAILED to Veronica Smith 3462 3rd Ave. Apt. 6A Bronx, NY 10456, at, on 10/15/2020 Re: #5 Order of Service - Social Security, via MAIL. The following document(s) were enclosed in the Service Package: a copy of the order of service or order to answer and other orders entered to date, the individual practices of the district judge and magistrate judge assigned to your case, Instructions for Litigants Who Do Not Have Attorneys, Notice Regarding Privacy and Public Access to Electronic Case Files, a Motions guide, a notice that the Pro Se Manual has been discontinued, a Notice of Change of Address form to use if your contact information changes, a handout explaining matters handled by magistrate judges and consent form to complete if all parties agree to proceed for all purposes before the magistrate judge, in social security cases only, a flyer about pro bono attorneys available through the New York County Lawyers' Association. (ta) (Entered: 10/15/2020)

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  • 10/15/2020
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  • Docket(#5) ORDER OF SERVICE AND SCHEDULING ORDER: The Clerk of Court shall notify the U.S. Attorney's Office for the Southern District of New York of the filing of this prose case, brought under 42 U.S.C. 405(g), for which the filing fee has been waived. In accordance with the Standing Order "Motions for Judgment on the Pleadings in Social Security Cases," 16-MC-0171 (Apr. 20, 2016): Within 90 days of the date of this order, the Commissioner must serve and file the Electronic Certified Administrative Record (e-CAR), which will constitute the Commissioner's answer, or otherwise move against the complaint. If the Commissioner wishes to file a motion for judgment on the pleadings, the Commissioner must do so within 60 days of the date on which the e-CAR was filed. The motion must contain a full recitation of the relevant facts and a full description of the underlying administrative proceeding. The plaintiff must file an answering brief within 60 days of the filing of the Commissioner's motion. The Commissioner may file a reply within 21 days thereafter. Memoranda in support of or in opposition to any dispositive motion may not exceed 25 pages in length; reply memoranda may not exceed 10 pages in length. A party seeking to exceed these page limitations must apply to the Court for leave to do so, with copies to all counsel, no fewer than seven days before the date on which the memorandum is due. SO ORDERED. Electronic Certified Administrative Record due by 1/13/2021. (Signed by Judge Vincent L. Briccetti on 10/15/2020) Copies Mailed By Chambers. (mml) Transmission to Pro Se Assistants for processing. (Entered: 10/15/2020)

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  • 10/15/2020
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  • Docket(#4) ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. 1915. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/15/2020) Copies Mailed By Chambers. (jca) (Entered: 10/15/2020)

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  • 10/15/2020
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  • Docket(#3) ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Social Security. Referred to Magistrate Judge Judith C. McCarthy. SO ORDERED. (Signed by Judge Vincent L. Briccetti on 10/15/2020) Copies Mailed By Chambers. (jca) (Entered: 10/15/2020)

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  • 10/13/2020
  • DocketMagistrate Judge Judith C. McCarthy is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (rdz) Modified on 10/14/2020 (rdz). (Entered: 10/14/2020)

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  • 10/13/2020
  • DocketCase Designated ECF. (rdz) (Entered: 10/14/2020)

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  • 10/13/2020
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  • Docket(#2) COMPLAINT against Commissioner of Social Security. Document filed by Veronica Smith..(rdz) (Entered: 10/14/2020)

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  • 10/13/2020
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  • Docket(#1) REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Veronica Smith..(rdz) (Entered: 10/14/2020)

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