Torres v. Commissioner of Social Security
| New York Southern District Court | |
| Judge: | Katharine H Parker |
| Case #: | 1:21-cv-01957 |
| Nature of Suit | 864 Social Security - SSID Title XVI |
| Cause | 42:405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
| Case Filed: | Mar 05, 2021 |
| Terminated: | Dec 30, 2022 |
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| Docket last updated: 04/26/2024 11:59 PM EDT |
| Friday, January 06, 2023 | ||
| 28 | 28
order
Judgment - Clerk
Fri 01/06 12:31 PM
CLERK'S JUDGMENT re:27 Memorandum & Opinion in favor of Commissioner of Social Security against Darlene Torres. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons set forth in the Courts Opinion and Order dated December 30,2022, Plaintiffs motion for judgment on the pleadings is DENIED and Defendant's cross-motion is GRANTED. (Signed by Clerk of Court Ruby Krajick on 12/30/2022) (tp) |
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Att: 1
Appeal Package
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misc
Transmission to Office of the Clerk of Court
Fri 01/06 12:31 PM
Transmission to Office of the Clerk of Court. Transmitted re:27 Memorandum & Opinion,28 Clerk's Judgment, to the Office of the Clerk of Court for processing. (tp) |
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transfer
Case Remanded Out - U.S. Agency
Fri 01/06 12:43 PM
CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the U.S. Agency - Commissioner of Social Security. Sent certified copy of docket entries and remand order. on 1/06/2023. (ama) Modified on 1/6/2023 (ama) |
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| Friday, December 30, 2022 | ||
| 27 | 27
27
pgs
order
Memorandum & Opinion
Fri 12/30 2:41 PM
OPINION AND ORDER: For the foregoing reasons, Plaintiffs motion for judgment on the pleadings is DENIED and Defendant's cross-motion is GRANTED. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 12/30/2022) (ama) |
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misc
Transmission to Orders and Judgments Clerk
Thu 01/05 3:56 PM
Transmission to Orders and Judgments Clerk. Transmitted re:27 Memorandum & Opinion, to the Orders and Judgments Clerk..(ama) |
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| Wednesday, October 05, 2022 | ||
| 26 | 26
misc
Proposed Stipulation and Order
Wed 10/05 5:17 PM
PROPOSED STIPULATION AND ORDER. Document filed by Commissioner of Social Security..(Pantoja, Joseph) |
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misc
Notice to Attorney to Re-File Document - Event Type Error
Wed 10/05 4:33 PM
***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Joseph Anthony Pantoja to RE-FILE Document 25 JOINT MOTION for Judgment on the Pleadings (Joint Stipulation in lieu of briefing pursuant to ECF No. 12). Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. (db) |
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| Tuesday, September 27, 2022 | ||
| 25 | 25
motion
Judgment on the Pleadings
Tue 09/27 6:29 PM
JOINT MOTION for Judgment on the Pleadings (Joint Stipulation in lieu of briefing pursuant to ECF No. 12) . Document filed by Commissioner of Social Security..(Pantoja, Joseph) |
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| Tuesday, September 20, 2022 | ||
| 24 | 24
1
pgs
order
Order on Motion for Extension of Time to File
Tue 09/20 3:50 PM
ORDER granting23 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 9/20/2022) (vfr) |
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| 23 | 23
motion
Extension of Time to File Document
Tue 09/20 1:18 PM
LETTER MOTION for Extension of Time to File Plaintiff's Reply and the Parties' Joint Stipulation addressed to Magistrate Judge Katharine H. Parker from Christopher J. Bowes dated September 2, 2022. Document filed by Darlene Torres..(Bowes, Christopher) |
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| Friday, July 15, 2022 | ||
| 22 | 22
1
pgs
order
Order on Motion for Extension of Time to File
Fri 07/15 3:58 PM
ORDER granting21 Letter Motion for Extension of Time to File. APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 7/15/2022) (jca) |
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| Thursday, July 14, 2022 | ||
| 21 | 21
motion
Extension of Time to File Document
Thu 07/14 4:20 PM
LETTER MOTION for Extension of Time to File Plaintiff's Motion for Judgment on the Pleadings/Revised Briefing Schedule addressed to Magistrate Judge Katharine H. Parker from Christopher James Bowes dated July 14, 2022. Document filed by Darlene Torres..(Bowes, Christopher) |
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| Tuesday, June 28, 2022 | ||
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1
pgs
order
Order on Motion for Extension of Time to File
Tue 06/28 11:04 AM
MEMO ENDORSEMENT granting19 Motion for Extension of Time to File. ENDORSEMENT: APPLICATION GRANTED. (Signed by Magistrate Judge Katharine H. Parker on 6/28/2022) (vfr) |
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| Monday, June 27, 2022 | ||
| 19 | 19
motion
Extension of Time to File Document
Mon 06/27 4:47 PM
MOTION for Extension of Time to File /Revised Briefing Schedule . Document filed by Darlene Torres..(Bowes, Christopher) |
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| Tuesday, May 03, 2022 | ||
| 18 | 18
notice
Notice of Appearance
Tue 05/03 10:17 AM
NOTICE OF APPEARANCE by Christopher James Bowes on behalf of Darlene Torres..(Bowes, Christopher) |
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| Thursday, April 28, 2022 | ||
| 17 | 17
misc
Letter
Thu 04/28 12:17 PM
LETTER addressed to Magistrate Judge Katharine H. Parker from AUSA Joseph Pantoja dated April 28, 2022 re: status letter. Document filed by Commissioner of Social Security..(Pantoja, Joseph) |
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Att: 1
certificate of service
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| Tuesday, March 29, 2022 | ||
| 16 | 16
notice
Notice of Appearance
Tue 03/29 10:00 AM
NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of Commissioner of Social Security..(Pantoja, Joseph) |
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| Monday, March 14, 2022 | ||
| 15 | 15
service
Certificate of Service Other
Mon 03/14 3:51 PM
CERTIFICATE OF SERVICE of ECF No. 14 served on plaintiff on March 14, 2022. Service was made by OVERNIGHT MAIL. Document filed by Commissioner of Social Security..(Pantoja, Joseph) |
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| 14 | 14
notice
SSA Administrative Record
Mon 03/14 8:00 AM
SSA ADMINISTRATIVE RECORD. Document filed by Commissioner of Social Security..(Pantoja, Joseph) |
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Att: 1
2 of 2
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| Tuesday, February 22, 2022 | ||
| 13 | 13
notice
Notice of Substitution of Attorney
Tue 02/22 12:30 PM
NOTICE of Substitution of Attorney. Old Attorney: AUSA Susan D. Baird, New Attorney: AUSA Joseph A. Pantoja, Address: U.S. Attorney's Office, SDNY, 86 Chambers Street, 3rd Floor, New York, NY, United States 10007, 2126372785. Document filed by Commissioner of Social Security..(Pantoja, Joseph) |
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Att: 1
certificate of service
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| Monday, January 10, 2022 | ||
| 12 | 12
order
Scheduling Order
Mon 01/10 11:17 AM
SCHEDULING ORDER IN SOCIAL SECURITY CASE: Plaintiff, who is proceeding pro se and in forma pauperis, has brought this action pursuant to 42 U.S.C. § 405(g), seeking review of a denial of social security disability benefits. This Order supersedes all prior scheduling orders in this action. Once the Civil Division of the United States Attorney's Office for the Southern District of New York (or alternatively the Office of the General Counsel, Social Security Administration ("SSA")), on behalf of the Commissioner of Social Security (the "Commissioner"), enters an appearance, the Commissioner will have 90 days from the date of the appearance to file the Electronic Certified Administrative Record (the "Administrative Record"). Alternatively, once the Commissioner has made an appearance, the Commissioner will have 60 days to file a motion to dismiss the complaint. Plaintiff will have 30 days to oppose the motion to dismiss, and the Commissioner must reply within 7 days. If no motion to dismiss is filed, the following schedule shall be in effect. ( As further set forth in this Order.) The Clerk of Court is respectfully directed to send a copy of this Order to the Pro Se Plaintiff by either certified mail or by email if Plaintiff has consented to electronic service. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/10/2022) (vfr) |
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misc
Mail Order by Certified Mail
Mon 01/10 11:37 AM
Mailed a copy of12 Scheduling Order, to Darlene Torres at 235 East 196th Street, Apt. 5A, Bronx, NY 10458 by Certified Mail # 7019 1120 0000 8894 8383 with Return Receipt Requested. (dsh) |
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| Friday, January 07, 2022 | ||
| 11 | 11
misc
Consent to Jurisdiction by US Magistrate Judge
Fri 01/07 5:09 PM
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Commissioner of Social Security, New York Legal Assistance Group, Social Security Administration, Darlene Torres. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. IT SO ORDERED: The case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Alison J. Nathan on 1/7/2022).(tg) |
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| Wednesday, January 05, 2022 | ||
| 10 | 10
misc
Letter
Wed 01/05 11:24 AM
LETTER addressed to Judge Alison J. Nathan from AUSA Susan D. Baird dated 1/5/2022 re: Fully Executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge. Document filed by Commissioner of Social Security..(Baird, Susan) |
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Att: 1
Fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form
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| Tuesday, December 14, 2021 | ||
| 9 | 9
notice
Notice of Appearance
Tue 12/14 5:29 PM
NOTICE OF APPEARANCE by Susan D. Baird on behalf of Commissioner of Social Security..(Baird, Susan) |
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| Friday, November 19, 2021 | ||
| 8 | 8
misc
FRCP 4 Service Package - Mailed
Fri 11/19 2:05 PM
SOCIAL SECURITY PACKAGE MAILED to Darlene Torres, at 235 East 196th Street, Apt. 5A, Bronx, NY 10458, on 11/19/2021 Re:7 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, 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. (sha) |
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2
pgs
order
Order of Service - Social Security
Fri 11/19 11:13 AM
ORDER OF SERVICE AND SCHEDULING ORDER: Plaintiff, appearing pro se, brings this action under 42 U.S.C. § 405(g), seeking court review of a decision of the Commissioner of the Social Security Administration. By order dated November 18, 2021, the Court granted Plaintiff's request to proceed without prepayment of fees, that is, in forma pauperis. The Clerk of Court shall electronically notify the U.S. Attorney's Office for the Southern District of New York that this case has been filed. 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 ten 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. To conserve resources and promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned magistrate judge. If both parties consent to proceed before the magistrate judge, counsel for the defendant must, by no later than January 17, 2022, file a letter with the Court, with an attached fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, the blank form for which is included in the information package accompanying this order (and also available at https://www.nysd.uscourts.gov/node/754). If the Court approves that form, all further proceedings will then be conducted before the assigned magistrate judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit. If either party does not consent to conducting all further proceedings before the assigned magistrate judge, the defendant's counsel must file a letter by no later than January 17, 2022, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. Electronic Certified Administrative Record due by 2/17/2022. (Signed by Judge Alison J. Nathan on 11/18/2021) (rro) |
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1
pgs
order
Order Granting IFP Application
Fri 11/19 11:06 AM
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 Alison J. Nathan on 11/18/21) (yv) |
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| Tuesday, November 16, 2021 | ||
| 5 | 5
misc
Original Signature Received
Wed 11/17 12:02 PM
Original Signature Received from Darlene Torres re:2 Complaint. (rdz) |
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| Tuesday, November 09, 2021 | ||
| 4 | 4
3
pgs
order
Order
Tue 11/09 4:24 PM
ORDER DIRECTING ORIGINAL SIGNATURE: Plaintiff brings this action pro se. Plaintiff submitted the complaint without a signature. Rule 11(a) of the Federal Rules of Civil Procedure provides that "[e]very pleading, written motion, and other paper must be signed by at least one attorney of record in the attorney's name or by a party personally if the party is unrepresented." See also Local Civil Rule 11.1(a). The Supreme Court has interpreted Rule 11(a) to require "as it did in John Hancock's day, a name handwritten (or a mark handplaced)." Becker v. Montgomery, 532 U.S. 757, 764 (2001). Plaintiff is directed to resubmit the signature page of the complaint with an original signature to the Court within thirty days of the date of this order. A copy of the signature page is attached to this order. The Clerk of Court is directed to mail a copy of this order to Plaintiff and note service on the docket. No summons shall issue at this time. If Plaintiff complies with this order, the case shall be processed in accordance with the procedures of the Clerk's Office. If Plaintiff fails to comply with this order within the time allowed, the action will be dismissed. The Court certifies under 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. Cf. Coppedge v. United States, 369 U.S. 438, 44445 (1962) (holding that appellant demonstrates good faith when seeking review of a nonfrivolous issue). SO ORDERED. (Signed by Judge Alison J. Nathan on 11/9/2021) (vfr) |
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misc
Mail Order by USPS
Tue 11/09 4:35 PM
Mailed a copy of4 Order, to Darlene Torres at 235 East 196th Street, Apt. 5A, Bronx, NY 10458. (dsh) |
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| Friday, March 05, 2021 | ||
| 3 | 3
order
Standing Order re Motions for Judgment on the Pleadings in Social Security Cases
Fri 03/05 4:50 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 4/20/2016) (sac) |
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cmp
Complaint
Fri 03/05 4:43 PM
COMPLAINT against Commissioner of Social Security. Document filed by Darlene Torres. (sac) |
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| 1 | 1
misc
Request to Proceed In Forma Pauperis
Fri 03/05 4:41 PM
REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Darlene Torres. (sac) |
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utility
Case Designated ECF
Fri 03/05 4:44 PM
Case Designated ECF. (sac) |
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utility
Case Designation
Fri 03/05 4:46 PM
Magistrate Judge Katharine H. Parker 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] . (sac) |
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