Johnson v. Commissioner of Social Security

New York Southern District Court
Judge:Andrew E Krause
Referred: Andrew E Krause
Case #: 7:23-cv-05858
Nature of Suit864 Social Security - SSID Title XVI
Cause42:405 Review of HHS Decision (DIWW)
Case Filed:Jul 07, 2023
Terminated:Jan 31, 2024
Last checked: Tuesday Jul 11, 2023 11:09 PM EDT
Defendant
Commissioner of Social Security
Interested Party
Social Security Administration
Woodlawn, MD 21235
Plaintiff
Jasmine Shante Johnson
Represented By
Daniel Berger
Ny Disability, Llc.
contact info


Docket last updated: 05/16/2025 11:59 PM EDT
Monday, May 06, 2024
25 25 order Stipulation and Order ~Util - Terminate Motions Mon 05/06 6:39 PM
STIPULATION FOR ALLOWANCE OF FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT AND COSTS UNDER 28 U.S.C. § 1920: IT IS HEREBY STIPULATED by and between Padma Ghatage, Special Assistant United States Attorney, for Damian Williams, the United States Attorney for the Southern District of New York, attorneys for the defendant herein, and Daniel Berger, Esq., attorney for the Plaintiff, that the Commissioner of Social Security pay to the Plaintiff attorney fees in the amount of $7,368.40 pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in full satisfaction of any and all claims under the EAJA. The attorney fees may be paid to Plaintiff's counsel if Plaintiff agrees to assign the fees to counsel, and provided that Plaintiff owes no debt to the Federal Government that is subject to offset under the U.S. Treasury Offset Program. AND, the Court having reviewed this matter, IT IS So Ordered. Motions terminated:21 MOTION for Attorney Fees filed by Jasmine Shante Johnson. (Signed by Magistrate Judge Andrew E. Krause on 5/6/2024) (mml)
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24 24 misc Proposed Stipulation and Order Mon 05/06 1:07 PM
PROPOSED STIPULATION AND ORDER. Document filed by Commissioner of Social Security..(Ghatage, Padma)
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Tuesday, April 30, 2024
23 23 respm Memorandum of Law in Support of Motion Tue 04/30 4:55 PM
MEMORANDUM OF LAW in Support re:21 MOTION for Attorney Fees . . Document filed by Jasmine Shante Johnson..(Berger, Daniel)
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22 22 respm Affidavit in Support of Motion Tue 04/30 4:54 PM
AFFIDAVIT of Daniel Berger in Support re:21 MOTION for Attorney Fees .. Document filed by Jasmine Shante Johnson..(Berger, Daniel)
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Att: 1 Affidavit Plaintiff Affidavit
21 21 motion Attorney Fees Tue 04/30 4:54 PM
MOTION for Attorney Fees . Document filed by Jasmine Shante Johnson..(Berger, Daniel)
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Att: 1 Exhibit FC Hours,
Att: 2 Exhibit Federal Court Retainer,
Att: 3 Exhibit IFP
Wednesday, January 31, 2024
20 20 order Judgment - Clerk Wed 01/31 4:28 PM
CLERK'S JUDGMENT re:19 Stipulation and Order in favor of Jasmine Shante Johnson 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 January 31, 2024, that this action be, and hereby is, reversed and 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 1/31/2024) (km)
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Att: 1 Appeal Package
19 19 order Stipulation and Order Wed 01/31 4:07 PM
STIPULATION AND ORDER OF REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. SECTION 405(g): IT IS HEREBY STIPULATED AND AGREED, by and between Damian Williams, United States Attorney for the Southern District of New York, and Special Assistant United States Attorney Padilla Ghatage, attorneys for the Defendant, and, Daniel Berger, Esq., attorney for the Plaintiff, that this action be, and hereby is, reversed and 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 Andrew E. Krause on 1/31/2024) (tg)
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18 18 misc Proposed Stipulation and Order Wed 01/31 3:30 PM
PROPOSED STIPULATION AND ORDER. Document filed by Commissioner of Social Security..(Ghatage, Padma)
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misc Transmission to Office of the Clerk of Court Wed 01/31 4:29 PM
Transmission to Office of the Clerk of Court. Transmitted re:19 Stipulation and Order20 Clerk's Judgment to the Office of the Clerk of Court for processing.(km)
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transfer Case Remanded Out - U.S. Agency Wed 01/31 4:47 PM
CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the U.S. Agency - Commissioner of Social Security. (tg)
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Wednesday, January 10, 2024
17 17 notice Notice of Appearance Wed 01/10 3:32 PM
NOTICE OF APPEARANCE by Padma Ghatage on behalf of Commissioner of Social Security..(Ghatage, Padma)
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Monday, December 11, 2023
16 16 respm Memorandum of Law in Support of Motion Mon 12/11 9:38 AM
MEMORANDUM OF LAW in Support re:15 MOTION for Judgment on the Pleadings . . Document filed by Jasmine Shante Johnson..(Berger, Daniel)
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15 15 motion Judgment on the Pleadings Mon 12/11 9:36 AM
MOTION for Judgment on the Pleadings . Document filed by Jasmine Shante Johnson..(Berger, Daniel)
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Monday, November 27, 2023
14 14 misc Consent to Jurisdiction by US Magistrate Judge Tue 11/28 10:50 AM
NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by Commissioner of Social Security, Jasmine Shante Johnson. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Andrew E. Krause. (Signed by Judge Nelson Stephen Roman on 11/27/2023). (ate)
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Wednesday, October 04, 2023
11 11 order Order on Motion for Extension of Time Wed 10/04 2:38 PM
ORDER granting10 Letter Motion for Extension of Time. The Court understands that the proposed revised schedule is the result of the parties' "good faith effort to agree upon a reasonable and comprehensive schedule for all future filings in the case," as contemplated by the Court's Standing Order, which has been issued in this case (ECF No. 4). The parties are hereby reminded that, in accordance with the Standing Order, no further extensions will be granted absent compelling circumstances. Social Security Action - Plaintiff Brief due by 12/11/2023. Social Security Action - Commissioner Brief due by 2/9/2024. Social Security Action - Plaintiff Reply Brief due by 3/1/2024. (HEREBY ORDERED by Magistrate Judge Andrew E. Krause)(Text Only Order) (Krause, Andrew)
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Friday, September 15, 2023
10 10 motion Extension of Time Fri 09/15 10:52 AM
LETTER MOTION for Extension of Time addressed to Magistrate Judge Andrew E. Krause from Daniel Berger dated 9/15/2023. Document filed by Jasmine Shante Johnson..(Berger, Daniel)
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Monday, September 11, 2023
9 9 notice SSA Administrative Record Mon 09/11 11:19 AM
SSA ADMINISTRATIVE RECORD. Document filed by Commissioner of Social Security. Social Security Action - Plaintiff Brief due by 10/11/2023..(Hanna, Jessamyn)
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Att: 1 Supplement Administrative Record Continued,
Att: 2 Supplement Administrative Record Continued
Thursday, September 07, 2023
8 8 notice Notice of Appearance Thu 09/07 12:42 PM
NOTICE OF APPEARANCE by Jessamyn Hanna on behalf of Commissioner of Social Security..(Hanna, Jessamyn)
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Thursday, July 13, 2023
7 7 notice Notice of Appearance Thu 07/13 8:46 AM
NOTICE OF APPEARANCE by Sathya Oum on behalf of Commissioner of Social Security..(Oum, Sathya)
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Wednesday, July 12, 2023
service Notice of Commencement of Social Security Action Wed 07/12 7:54 AM
NOTICE OF COMMENCEMENT OF SOCIAL SECURITY ACTION. The Social Security Administration's Office of General Counsel and the United States Attorney for the Southern District of New York are hereby notified of the commencement of this action. Electronic Certified Administrative Record due by 9/11/2023..(gp)
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Tuesday, July 11, 2023
6 6 1 pgs order Order Referring Case to Magistrate Judge Tue 07/11 12:01 PM
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 Andrew E. Krause. (Signed by Judge Nelson Stephen Roman on 7/11/2023) (ate)
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Monday, July 10, 2023
5 5 1 pgs order Order Granting IFP Application Tue 07/11 9:08 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 Nelson Stephen Roman on 7/10/23) (yv)
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4 4 order Standing Order re Briefing of Social Security Cases Mon 07/10 12:09 PM
STANDING ORDER IN RE BRIEFING OF SOCIAL SECURITY CASES (See 22-MISC-329 Standing Order filed November 21, 2022). WHEREAS, cases filed on and after December 1, 2022 under 42 U.S.C. 405(g), seeking judicial review on the record of final decisions by the Commissioner of Social Security ("Commissioner") denying applications for social security benefits, are governed by the simplified procedures set forth in the Supplemental Rules for Social Security Actions ("Supplemental Rules" or "Supp. R.");... in order to ensure the efficient disposition of cases subject to the Supplemental Rules, it is hereby ORDERED that, prior to seeking an extension of any deadline set forth in Supp. R. 4, 6, 7, or 8, the party seeking such extension shall attempt to meet and confer with the opposing party in a good faith effort to agree upon a reasonable and comprehensive schedule for all future filings in the case. If the parties reach agreement, the proposed schedule shall be presented to the Court for approval and, if approved, will govern all remaining proceedings in the case.... (Signed by Judge Laura Taylor Swain on 11/18/2022) (jgo)
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notice Case Opening Initial Assignment Notice Mon 07/10 12:00 PM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo)
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utility Case Designation Mon 07/10 12:08 PM
Magistrate Judge Andrew E. Krause 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] . (jgo)
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utility Case Designated ECF Mon 07/10 12:08 PM
Case Designated ECF. (jgo)
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Friday, July 07, 2023
3 3 REQUEST TO PROCEED IN FORMA PAUPERIS. Document filed by Jasmine Shante Johnson..(Berger, Daniel)
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2 2 CIVIL COVER SHEET filed..(Berger, Daniel)
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1 1 COMPLAINT against Commissioner of Social Security. Document filed by Jasmine Shante Johnson..(Berger, Daniel)
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Att: 1 Exhibit Appeal Council Denial Letter