Ciccarelli v. Commissioner of Social Security
| New York Northern District Court | |
| Judge: | Miroslav Lovric |
| Case #: | 5:21-cv-00688 |
| Nature of Suit | 863 Social Security - DIWC/DIWW (405(g)) |
| Cause | 42:405 Review of HHS Decision (DIWC) |
| Case Filed: | Jun 11, 2021 |
| Terminated: | Apr 04, 2022 |
Defendant
Commissioner of Social Security
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Interested Party
Social Security Administration
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Plaintiff
Ellen M. Ciccarelli
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GPO
Apr 04 2022
CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. Section 405(g) granting the # 13 Stipulation filed by Commissioner of Social Security. It is hereby ORDERED that the final decision of the Commissioner be and hereby is REVERSED and the matter is REMANDED to the Defendant for this further administrative action; and it is further ORDERED that the within matter, be and hereby is, DISMISSED in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991); and it is further ORDERED that nothing within this consent order shall be deemed to bar Plaintiff from seeking attorney's fees under the Equal Access to Justice Act (EAJA), 42 U.S.C. § 2412. Signed by Magistrate Judge Miroslav Lovric on 4/4/2022. (pjh, ) |
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GPO
Apr 04 2022
JUDGMENT in favor of Ellen M. Ciccarelli against Commissioner of Social Security. (pjh, ) |
| Docket last updated: 1 hours ago |
| Thursday, July 07, 2022 | ||
| 19 | 19
order
Order on Motion for Attorney Fees
Thu 07/07 7:10 AM
TEXT ORDER: Motion for Attorney Fees16 is DENIED as MOOT, in light of approval of Stipulation17 . SO ORDERED by Magistrate Judge Miroslav Lovric on 7/7/2022.(jdp) |
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2
pgs
order
Order
Thu 07/07 7:10 AM
ORDER granting17 Stipulation for Attorney Fees. Signed by Magistrate Judge Miroslav Lovric on 7/7/2022. (jdp ) |
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| Wednesday, July 06, 2022 | ||
| 17 | 17
misc
Stipulation
Wed 07/06 3:50 PM
STIPULATION re16 MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Ellen M. Ciccarelli. Motion returnable before Judge Miroslav Lovric by Commissioner of Social Security submitted to Judge Miroslav Lovric. (Pere, Luis) |
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| Thursday, June 30, 2022 | ||
| 16 | 16
motion
Attorney Fees
Thu 06/30 4:50 PM
MOTION for Attorney Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C Sect. 2412 filed by Ellen M. Ciccarelli. Motion returnable before Judge Miroslav Lovric Response to Motion due by 7/21/2022 (Olinsky, Howard) |
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Att: 1
Attorney Affirmation,
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Att: 2
Exhibit(s) A- Affirmation and Waiver of Direct Payment of EAJA Fees,
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Att: 3
Exhibit(s) B- CPI Table,
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Att: 4
Exhibit(s) C- All Professional Time,
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Att: 5
Exhibit(s) D- Attorney Time,
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Att: 6
Exhibit(s) E- Paralegal Time,
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Att: 7
Exhibit(s) F - Costs,
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Att: 8
Memorandum in Support of Motion,
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Att: 9
Certificate of Service
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| Monday, April 04, 2022 | ||
| 15 | 15
order
Judgment
Mon 04/04 9:48 AM
JUDGMENT in favor of Ellen M. Ciccarelli against Commissioner of Social Security. (pjh, ) |
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2
pgs
order
Order
Mon 04/04 9:36 AM
CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. Section 405(g) granting the #13 Stipulation filed by Commissioner of Social Security. It is hereby ORDERED that the final decision of the Commissioner be and hereby is REVERSED and the matter is REMANDED to the Defendant for this further administrative action; and it is further ORDERED that the within matter, be and hereby is, DISMISSED in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991); and it is further ORDERED that nothing within this consent order shall be deemed to bar Plaintiff from seeking attorney's fees under the Equal Access to Justice Act (EAJA), 42 U.S.C. § 2412. Signed by Magistrate Judge Miroslav Lovric on 4/4/2022. (pjh, ) |
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| Friday, April 01, 2022 | ||
| 13 | 13
misc
Stipulation
Fri 04/01 4:25 PM
STIPULATION for Remand by Commissioner of Social Security submitted to Judge Miroslav Lovric.(Pere, Luis) |
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Att: 1
Proposed Order
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| Monday, February 28, 2022 | ||
| 12 | 12
notice
Notice of Appearance
Mon 02/28 6:40 PM
NOTICE of Appearance by Edward A. Wicklund on behalf of Ellen M. Ciccarelli (Wicklund, Edward) |
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| 11 | 11
misc
Social Security Plaintiff Brief
Mon 02/28 6:22 PM
PLAINTIFF'S BRIEF by Ellen M. Ciccarelli. Defendant Brief due by 4/14/2022. (Wicklund, Edward) |
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| Monday, December 27, 2021 | ||
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order
Order on Letter Request
Mon 12/27 10:28 AM
TEXT ORDER: Letter Motion9 is GRANTED. Plaintiff is directed to file a brief by 2/28/2022. NO FURTHER EXTENSIONS WILL BE GRANTED. SO ORDERED by Magistrate Judge Miroslav Lovric on 12/27/2021. (jdp ) |
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| Wednesday, December 22, 2021 | ||
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motion
Letter Request/Motion
Wed 12/22 6:48 PM
Consented-To Letter Motion from Howard D. Olinsky for Ellen M. Ciccarelli requesting Second Extension of Time to File Plaintiff's Opening Brief submitted to Judge Miroslav Lovric .(Olinsky, Howard) |
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Att: 1
Declaration
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| Thursday, October 21, 2021 | ||
| 8 | 8
1
pgs
order
Order on Letter Request
Thu 10/21 9:27 AM
ORDER granting7 Letter Request. Plaintiff Brief now due by 12/28/2021. Signed by Magistrate Judge Miroslav Lovric on 10/21/2021. (jdp ) |
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| Wednesday, October 20, 2021 | ||
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motion
Letter Request/Motion
Wed 10/20 4:46 PM
Consented-To Letter Motion from Howard D. Olinsky for Ellen M. Ciccarelli requesting Extension of Time to File Plaintiff's Opening Brief submitted to Judge Miroslav Lovric . (Olinsky, Howard) |
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| Tuesday, September 14, 2021 | ||
| 6 | 6
misc
Social Security Administrative Record / Transcript
Tue 09/14 10:33 AM
Social Security Administrative Record / Transcript. Plaintiff Brief due by 10/29/2021. (Pere, Luis) |
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| Friday, June 18, 2021 | ||
| 5 | 5
misc
Consent / Declination Form
Fri 06/18 11:13 AM
SOCIAL SECURITY CONSENT / DECLINATION FORM filed by Ellen M. Ciccarelli advising of consent to Jurisdiction by US Magistrate Judge. (Olinsky, Howard) |
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| Thursday, June 17, 2021 | ||
| 4 | 4
notice
Notice of Attorney Appearance - Commissioner - Pilot
Thu 06/17 8:41 AM
NOTICE OF ATTORNEY APPEARANCE: Luis Pere appearing for Commissioner of Social Security . Social Security Administrative Transcript due by 9/15/2021. (Pere, Luis) |
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| Monday, June 14, 2021 | ||
| 3 | 3
misc
G.O. 18 & SSA Case Assignment Form
Mon 06/14 2:49 PM
Social Security Appeal Case Assignment Form and General Order #18 Issued. Pursuant to General Order #18, in the event the Plaintiff does not timely consent, or if the United States timely withdraws its consent, the case will be reassigned to a District Judge consistent with General Order #12 . Social Security Consent/Declination Form due by 7/6/2021. (pjh, ) |
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| Friday, June 11, 2021 | ||
| 2 | 2
misc
Social Security Identification Form - [LODGED]
Mon 06/14 2:47 PM
Social Security Identification Form [LODGED] [Pursuant to General Order #18, this document has been electronically lodged with the Court. Viewable by case participants and court personnel only, it is not a filed document, therefore is not available for public inspection. Any further distribution or dissemination is prohibited] . (pjh, ) |
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| 1 | 1
cmpssa
Complaint - Social Security Appeal
Mon 06/14 2:46 PM
COMPLAINT - Social Security Appeal. [Pursuant to General Order #18, Section B(3), the CM/ECF system will generate a Notice of Electronic Filing to the USAO-NDNY and Regional Counsel for the Social Security Administration. Service of a Complaint along with the Social Security Identification Form under the Pilot Program will be considered complete only when the three steps in paragraph 3(A), 3(B) and 3(C) of General Order #18 have been completed.] (Filing fee $402 receipt number ANYNDC-5553175).(pjh, ) |
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Att: 1
Civil Cover Sheet
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