Williams v. Commissioner of Social Security
- Vernon Broderick
- 1:20-cv-05954
- U.S. District Court · Southern District of New York
- 3
In Williams v. Commissioner, Judge Cave ordered service through the Marshals Service after allowing the pro se benefits challenge to proceed without fees.
Pamela C. Williams and the Commissioner of Social Security; the Clerk of Court and U.S. Marshals Service were directed to carry out service-related tasks.
What happened
Pamela C. Williams sued the Commissioner of Social Security, challenging the denial of her Social Security benefits. She is representing herself and had already received permission to proceed without paying filing fees.
Because Williams was proceeding without fees, the court said she could rely on the Clerk and the U.S. Marshals Service to serve the Commissioner. The court extended the service deadline to 90 days after the summons is issued, rather than 90 days after the complaint was filed.
Judge Sarah L. Cave ordered the Clerk to prepare the service forms, issue the summons, and send the necessary documents to the Marshals Service. Williams must notify the court if her address changes; the court stated that it may dismiss the action if she does not.
The detailed version
- Williams v. Commissioner of Social Security · No. 1:20-cv-05954
- Vernon Broderick
- Oct. 29, 2020
Background
Pamela C. Williams brought this action challenging the denial of Social Security benefits. The opinion states that Williams was appearing without a lawyer. In an earlier order dated September 9, 2020, the court allowed her to proceed without prepaying filing fees.
Service of process
Because Williams was allowed to proceed without prepaying fees, the court explained that she could rely on the court and the U.S. Marshals Service to serve the defendant. Federal Rule of Civil Procedure 4 generally requires service within 90 days after a complaint is filed. The court extended that period here because Williams could not serve the summons and complaint until the court reviewed the complaint and ordered a summons issued. The new period runs for 90 days after the summons is issued.
The court stated that if service is not completed within that period, Williams should request more time to serve the defendant. It also stated that a Marshals Service failure to serve can constitute good cause for an extension when a plaintiff proceeding without prepaying fees provides the information needed to identify the defendant.
Order
The court directed the Clerk of Court to complete the U.S. Marshals Service process forms for the Commissioner of Social Security, issue a summons, and deliver the required paperwork to the Marshals Service. The Clerk was also directed to send Williams a copy of the order. Williams must notify the court in writing if her address changes, and the court stated that it may dismiss the action if she fails to do so. This order addressed service of the lawsuit; it did not decide whether Williams was entitled to Social Security benefits.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.