Williams Boswell v. Commissioner of Social Security
- John Cronan
- 1:21-cv-02364
- U.S. District Court · Southern District of New York
- 2
In Williams Boswell v. Commissioner, Judge Cave ordered the Commissioner to file the administrative record and set later briefing deadlines.
Robin B. Williams Boswell and the Commissioner of Social Security; the order required the Commissioner to file and serve the administrative record and established briefing deadlines.
What happened
In Williams Boswell v. Commissioner of Social Security, Robin B. Williams Boswell filed a Social Security case and asked to proceed without paying filing fees. The court granted that request, and an earlier order required the Commissioner to file the certified administrative record by June 21, 2021. The record had not been filed by the time of this order.
The court ordered the Commissioner to file the record by July 22, 2021, and to send a paper copy to Williams Boswell. If the Commissioner files a motion asking the court to decide the case based on the existing administrative record, that motion must be filed within 60 days after the record is filed. Williams Boswell would then have 60 days to respond, and the Commissioner could reply within 21 days.
Judge Sarah L. Cave also maintained page limits for the parties’ briefs and directed the Clerk to mail Williams Boswell a copy of the order. This order set filing and briefing requirements; it did not decide whether Williams Boswell was entitled to Social Security benefits.
The detailed version
- Williams Boswell v. Commissioner of Social Security · No. 1:21-cv-02364
- John Cronan
- July 8, 2021
Background
Robin B. Williams Boswell filed the complaint on March 17, 2021, along with a request to proceed without paying filing fees. The court granted that request on March 19, 2021. On March 22, 2021, Judge John P. Cronan issued an order requiring the Commissioner of Social Security to serve and file the electronic certified administrative record within 90 days, by June 21, 2021. The record had not been filed as of July 8, 2021.
Order
The court ordered the Commissioner to file the administrative record by July 22, 2021, and to serve a paper copy on Williams Boswell. Under the earlier scheduling order and the court’s standing order for Social Security cases, the Commissioner may file a motion for judgment on the pleadings within 60 days after filing the record. Such a motion must fully describe the relevant facts and the underlying administrative proceeding.
Williams Boswell must file an answering brief within 60 days after the Commissioner’s motion. The Commissioner may file a reply within 21 days after that. Supporting and opposing briefs may not exceed 25 pages, and reply briefs may not exceed 10 pages, unless the court grants permission to exceed those limits. The Clerk was directed to mail Williams Boswell a copy of the order.
Effect of the Order
This was a procedural scheduling order. It did not decide the merits of Williams Boswell’s Social Security claim or determine whether the Commissioner’s decision should be upheld or reversed. The order established deadlines for filing the administrative record and any later motions and briefs.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.