Hayward v. Commissioner of Social Security
- Sarah Netburn
- 1:18-cv-10402-SN
- U.S. District Court · Southern District of New York
- 1
In Hayward v. Commissioner, Judge Netburn granted the Commissioner’s request to withdraw a motion to dismiss and set deadlines for further Social Security proceedings.
John L. Hayward and the Commissioner of Social Security; the order governed withdrawal of the Commissioner’s motion and the parties’ next filings.
What happened
In Hayward v. Commissioner of Social Security, the Commissioner asked to withdraw a previously filed motion to dismiss. The request cited agency discretion and a 2019 Supreme Court decision.
The court allowed the Commissioner to withdraw the motion. It ordered the Commissioner to file the certified administrative record and a request for judgment by April 20, 2020, followed by deadlines for Hayward’s response and the Commissioner’s reply.
Judge Sarah Netburn also directed the clerk to mark the motion at Electronic Court Filing No. 12 as withdrawn. The order did not decide the underlying Social Security dispute.
The detailed version
- Hayward v. Commissioner of Social Security · No. 1:18-cv-10402-SN
- Sarah Netburn
- Mar. 9, 2020
Background
The Commissioner of Social Security asked for permission to withdraw a motion to dismiss. The Commissioner cited agency discretion and the Supreme Court’s decision in Smith v. Berryhill, 139 S. Ct. 1765 (2019).
Ruling and deadlines
United States Magistrate Judge Sarah Netburn granted the Commissioner’s request. The order did not resolve the underlying Social Security dispute.
The court ordered the Commissioner to file and serve the electronic certified administrative record and a motion for judgment on the pleadings by April 20, 2020. John L. Hayward’s response was due June 19, 2020, and the Commissioner’s reply was due July 10, 2020.
The clerk was requested to terminate the motion listed at Electronic Court Filing No. 12 as withdrawn.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.