Torres v. Commissioner of Social Security (1:20-cv-09579), New York Southern District Court

Torres v. Commissioner of Social Security

New York Southern District Court
Judge:	Barbara C Moses
Referred:	Barbara C Moses
Case #:	1:20-cv-09579
Nature of Suit	863 Social Security - DIWC/DIWW (405(g))
Cause	42:405 Review of HHS Decision (DIWC)

Case Filed:	Nov 10, 2020
Terminated:	Sep 24, 2021

Docket
Parties

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Docket last updated: 04/26/2024 11:59 PM EDT

Friday, September 24, 2021
25		25 order Judgment - Clerk Fri 09/24 3:31 PM CLERK'S JUDGMENT re:24 Stipulation and Order in favor of Vanessa Serrano Torres against Commissioner of Social Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation and Order dated September 24, 2021, that the decision of the Commissioner of Social Security be, and hereby is, reversed and that this action be, and hereby is, remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. � 405(g), for further administrative proceedings. (Signed by Clerk of Court Ruby Krajick on 9/24/2021) (km) Related: [-]
		Att: 1 Right to Appeal
24		24 order Stipulation and Order Fri 09/24 11:46 AM STIPULATION AND ORDER OF REMAND: IT IS HEREBY STIPULATED AND AGREED, by and between the plaintiff pro se and the attorney for the defendant, that the decision of the Commissioner of Social Security be, and hereby is, reversed and that this action be, and hereby is, remanded to the Commissioner of Social Security pursuant to sentence four of 42 U.S.C. � 405(g), for further administrative proceedings. The Clerk is directed to enter judgment. See Shalala v. Schaefer, 509 U.S. 292 (1993). SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 9/24/2021) (rro) Related: [-]
		misc Transmission to Office of the Clerk of Court Fri 09/24 3:32 PM Transmission to Office of the Clerk of Court. Transmitted re:25 Clerk's Judgment24 Stipulation and Order to the Office of the Clerk of Court for processing.(km) Related: [-]
		misc Mail Order by USPS Fri 09/24 3:33 PM Mailed a copy of25 Clerk's Judgment and Appeals forms to Vanessa Serrano Torres at 10 Richman Plaza 27B Bronx, NY 10453.(km) Related: [-]
		transfer Case Remanded Out - U.S. Agency Fri 09/24 4:04 PM CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the U.S. Agency - Commissioner of Social Security..(rro) Related: [-]
Thursday, September 23, 2021
23		23 misc Proposed Stipulation and Order Thu 09/23 10:33 AM PROPOSED STIPULATION AND ORDER. Document filed by Commissioner of Social Security..(Parsels, Amanda) Related: [-]
Friday, September 17, 2021
		order Order Fri 09/17 6:42 PM Although the Commissioner's deadline to file a motion for judgment on the pleadings in this case was September 13, 2021 (Dkt. No. 21), no such motion has been filed. The deadline for the Commissioner to file her motion for judgment on the pleadings is hereby EXTENDED, sua sponte, to September 27, 2021. (HEREBY ORDERED by Magistrate Judge Barbara C. Moses) (Text Only Order) (HB) Related: [-]
Tuesday, August 24, 2021
21		21 2 pgs order Order on Motion for Extension of Time Tue 08/24 3:22 PM ORDER granting20 Letter Motion for Extension of Time. Application GRANTED. Motions due by 9/13/2021. (Signed by Magistrate Judge Barbara C. Moses on 8/24/2021) (cf) Related: [-]
Monday, August 23, 2021
20		20 motion Extension of Time Mon 08/23 8:07 PM LETTER MOTION for Extension of Time to File Motion for Judgment on the Pleadings addressed to Magistrate Judge Barbara C. Moses from Amanda F. Parsels dated August 23, 2021. Document filed by Commissioner of Social Security..(Parsels, Amanda) Related: [-]
Thursday, June 24, 2021
19		19 service Certificate of Service Other Thu 06/24 11:53 AM CERTIFICATE OF SERVICE of Certified Administrative Record served on Vanessa Serrano Torres on June 23, 2021. Service was made by FedEx. Document filed by Commissioner of Social Security..(Parsels, Amanda) Related: [-]
Tuesday, June 22, 2021
18		18 notice SSA Administrative Record Tue 06/22 10:09 AM SSA ADMINISTRATIVE RECORD. Document filed by Commissioner of Social Security..(Parsels, Amanda) Related: [-]
		Att: 1 Supplement 1,
		Att: 2 Supplement 2,
		Att: 3 Supplement 3
Monday, April 26, 2021
17		17 7 pgs order Order on Motion for Extension of Time to File Mon 04/26 5:21 PM ORDER granting16 Letter Motion for Extension of Time to File. Application GRANTED. The Commissioner shall file the administrative record no later than June 22, 2021. No further extension of time to file the administrative record will be granted. (Signed by Magistrate Judge Barbara C. Moses on 4/26/2021) (cf) Related: [-]
Friday, April 23, 2021
16		16 motion Extension of Time to File Document Fri 04/23 4:46 PM SECOND LETTER MOTION for Extension of Time to File Certified Administrative Record addressed to Magistrate Judge Barbara C. Moses from Amanda F. Parsels dated April 23, 2021. Document filed by Commissioner of Social Security..(Parsels, Amanda) Related: [-]
		Att: 1 Affidavit Declaration of Jebby Rasputnis
Wednesday, February 24, 2021
15		15 2 pgs order Order on Motion for Extension of Time to File Wed 02/24 11:08 AM ORDER granting14 Letter Motion for Extension of Time to File. Application GRANTED. No further extensions of this deadline will be granted absent compelling circumstances. (Signed by Magistrate Judge Barbara C. Moses on 2/24/2021) (cf) Related: [-]
Monday, February 22, 2021
14		14 motion Extension of Time to File Document Mon 02/22 12:39 PM LETTER MOTION for Extension of Time to File Certified Administrative Record addressed to Magistrate Judge Barbara C. Moses from Amanda F. Parsels dated February 22, 2021. Document filed by Commissioner of Social Security..(Parsels, Amanda) Related: [-]
Tuesday, February 16, 2021
13		13 misc Consent to Jurisdiction by US Magistrate Judge Wed 02/17 9:49 AM CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Barbara C. Moses. (Signed by Judge Mary Kay Vyskocil on 2/16/2021).(mro) Related: [-]
12		12 misc Letter Tue 02/16 5:58 PM LETTER addressed to Judge Mary Kay Vyskocil from Amanda F. Parsels dated February 16, 2021 re: Submission of Parties' Consent to Conduct All Proceedings Before a Magistrate Judge. Document filed by Commissioner of Social Security..(Parsels, Amanda) Related: [-]
		Att: 1 Exhibit Notice, Consent, and Reference to Magistrate Judge
Tuesday, January 19, 2021
11		11 order Order on Motion for Extension of Time Tue 01/19 10:57 AM ORDER granting10 Letter Motion for Extension of Time: The request to extend the deadline for the parties to inform the Court whether they consent to conduct all further proceedings before Magistrate Judge Moses from January 15, 2021, to February 15, 2021, is GRANTED. SO ORDERED. (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (DMV) Related: [-]
Friday, January 15, 2021
10		10 motion Extension of Time Fri 01/15 6:29 PM LETTER MOTION for Extension of Time to Advise the Court Whether the Parties Consent to Proceed Before a Magistrate Judge addressed to Judge Mary Kay Vyskocil from Amanda F. Parsels dated January 15, 2021. Document filed by Commissioner of Social Security..(Parsels, Amanda) Related: [-]
Monday, December 28, 2020
9		9 2 pgs order Order Mon 12/28 10:57 AM ORDER: In a separate Order, this case has been referred to one of the Court's Magistrate Judges for a Report and Recommendation, which will then be sent to this Court for review and to address any objections to the Report. Alternatively, the parties may voluntarily consent to have the Magistrate Judge render a final decision in this action in accordance with the provisions of 28 U.S.C. � 636(c) and Fed. R. Civ. P. 73. Any appeal from a Magistrate Judge's decision following consent is directly to the United States Court of Appeals for the Second Circuit in the same way that an appeal from a District Judge's decision would be taken. Both parties-Plaintiff and the Commissioner of Social Security-must consent in order for the Magistrate Judge to decide the case. To determine whether the parties wish to voluntarily consent to proceeding before the Magistrate Judge, counsel for the Commissioner of Social Security is directed to send to counsel for Plaintiff on or before January 8, 2021, a copy of the attached consent form bearing either (1) a signature indicating consent to proceeding before the Magistrate Judge, or (2) a notation that Defendant does not consent. On or before January 15, 2021, counsel for Plaintiff counsel is directed to submit a letter via ECF informing the Court whether all parties have consented to proceeding before the Magistrate Judge. If any party has not consented, the letter shall not state which of the parties have not consented-only that there has not been consent by all parties. If both parties have consented, counsel shall file on ECF the signed consent forms. This Order is not intended to interfere with the parties' right to have final disposition of this case by a United States District Judge. The parties are free to withhold their consent without adverse substantive consequences. If any party withholds consent, the identity of the parties consenting or withholding consent shall not be communicated to any Magistrate Judge or District Judge to whom the case has been assigned. (Signed by Judge Mary Kay Vyskocil on 12/28/2020) (mro) Related: [-]
Friday, December 11, 2020
8		8 notice Notice of Appearance Fri 12/11 2:44 PM NOTICE OF APPEARANCE by Amanda Frances Parsels on behalf of Commissioner of Social Security..(Parsels, Amanda) Related: [-]
Monday, November 23, 2020
7		7 misc FRCP 4 Service Package - Mailed Mon 11/23 3:50 PM SOCIAL SECURITY PACKAGE MAILED to Vanessa Serrano Torres 10 Richman Plaza 27B Bronx, NY 10453, on 11/23/2020 Re:6 Order of Service - Social Security. 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, order granting IFP application, 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 flyer about the free legal assistance clinic located in the Thurgood Marshall Courthouse (only in non prisoner cases), 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, a form for you to complete if you consent to receive filings electronically (only in nonprisoner cases), in social security cases only, a flyer about pro bono attorneys available through the New York County Lawyers' Association. (aan) Related: [-]
6		6 2 pgs order Order of Service - Social Security Mon 11/23 2:04 PM ORDER OF SERVICE AND SCHEDULING ORDER: The Clerk of Court shall notify the U.S. Attorneys Office for the Southern District of New York of the filing of this pro se case, brought under 42 U.S.C. � 405(g), for which the filing fee has been waived. Chambers will mail a copy of this Order to the pro se plaintiff. (As further set forth in this Order.) Electronic Certified Administrative Record due by 2/22/2021. (Signed by Magistrate Judge Barbara C. Moses on 11/23/2020) (cf) Related: [-]
		misc Mail Order by USPS Tue 11/24 11:15 AM Mailed a copy of6 Order of Service - Social Security,, to Vanessa Serrano Torres at 10 Richman Plaza 27B Bronx, NY 10453..(Snell, Kevin) Related: [-]
Wednesday, November 18, 2020
5		5 1 pgs order Order Referring Case to Magistrate Judge Wed 11/18 8:55 AM 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 Barbara C. Moses. (Signed by Judge Mary Kay Vyskocil on 11/18/2020) (mro) Related: [-]
4		4 1 pgs order Order Granting IFP Application Wed 11/18 8:54 AM ORDER GRANTING IFP APPLICATION: Leave to proceed in this Court without prepayment of fees is authorized. See 28 U.S.C. � 1915. (Signed by Judge Mary Kay Vyskocil on 11/18/2020) (mro) Related: [-]
Tuesday, November 10, 2020
3		3 order Standing Order re Motions for Judgment on the Pleadings in Social Security Cases Mon 11/16 3:16 PM STANDING ORDER IN RE MOTIONS FOR JUDGMENT ON THE PLEADINGS IN SOCIAL SECURITY CASES (See 16-MISC-171 Standing Order filed April 28, 2016). ORDERED that in all Social Security cases hereafter filed under 42 U.S.C. 405(g) and 42 U.S.C. 1383(c)(3), the defendant shall within 90 days after service file the certified transcript of administrative proceedings, which shall constitute the defendants' answer, or otherwise move against the complaint... that unless otherwise ordered by the judge to whom the case is assigned, in cases where the plaintiff is represented by counsel, the plaintiff shall file a motion for judgment on the pleadings within 60 days of the date on which the defendant files the certified transcript of the administrative proceedings... that in cases where the plaintiff is appearing pro se, the defendant shall file its motion for judgment on the pleadings within 60 days of the date on which the certified transcript of administrative proceedings have been filed... (Signed by Judge Loretta A. Preska on 4/20/16) (rdz) Related: [-]
2		2 cmp Complaint Mon 11/16 3:10 PM COMPLAINT against Commissioner of Social Security. Document filed by Vanessa Serrano Torres..(rdz) Related: [-]
1		1 misc Request to Proceed In Forma Pauperis Mon 11/16 3:09 PM REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Vanessa Serrano Torres..(rdz) Related: [-]
		utility Case Designated ECF Mon 11/16 3:11 PM Case Designated ECF. (rdz) Related: [-]
		utility Case Designation Mon 11/16 3:13 PM Magistrate Judge Barbara C. Moses 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:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (rdz) Related: [-]

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