Wilson Bahaga v. Commissioner of Social Security
- Katherine Failla
- 1:19-cv-05014
- U.S. District Court · Southern District of New York
- 44
In Wilson Bahaga v. Commissioner of Social Security, Judge Lehrburger extended objections to an earlier recommendation so counsel could try to locate Wilson Bahaga.
Janis Charlene Wilson Bahaga, the Commissioner of Social Security, the New York County Lawyers Association, and the parties’ ability to object to the Report and Recommendation.
What happened
In Janis Charlene Wilson Bahaga v. Commissioner of Social Security, the court had issued a recommendation after Wilson Bahaga did not respond by the final deadline to the Commissioner’s motion for judgment on the pleadings. The order says the court had previously granted multiple extensions.
The New York County Lawyers Association told the court that it had placed Wilson Bahaga with free legal counsel, but had been unable to reach either the lawyer or Wilson Bahaga. It asked for more time to try to find new representation.
Magistrate Judge Robert W. Lehrburger extended the parties’ time to object to the recommendation to a total of 28 days. During that period, the organization could try to locate Wilson Bahaga and find new counsel, and Wilson Bahaga could make any application to the court whether represented or unrepresented.
The detailed version
- Wilson Bahaga v. Commissioner of Social Security · No. 1:19-cv-05014
- Katherine Failla
- July 2, 2020
Background
This order concerns a Social Security benefits appeal. The court had previously granted multiple extensions for Wilson Bahaga to respond to the Commissioner’s motion for judgment on the pleadings. The final response deadline was June 23, 2020, but no response was filed. The court then issued a Report and Recommendation on the appeal.
The same day, the court received an email from the New York County Lawyers Association. The organization said it had previously placed Wilson Bahaga with free legal counsel, but had been unable to contact the lawyer or Wilson Bahaga. It requested additional time to investigate and possibly find new representation.
Court’s Action
Magistrate Judge Robert W. Lehrburger extended the time for the parties to object to the Report and Recommendation to a total period of 28 days. During that period, the New York County Lawyers Association could try to locate Wilson Bahaga and find new representation. Wilson Bahaga could also make any application to the court, whether represented by counsel or unrepresented.
The clerk was directed to mail a copy of the order to Wilson Bahaga at the address stated in the order and record service on the docket. This order does not state a final ruling on whether Wilson Bahaga is entitled to Social Security benefits; it addresses additional time and representation-related matters.
Read the full 44-page opinion on CourtListener, the free public archive maintained by the Free Law Project.