Rosario v. Commissioner of Social Security

Background

Fidelina Morel Rosario, representing herself, brought an action under 42 U.S.C. § 405(g) seeking judicial review of a decision by the Commissioner of the Social Security Administration. On June 8, 2022, the court granted her request to proceed without prepaying court fees.

Court’s Orders

The court directed the Clerk of Court to electronically notify the U.S. Attorney’s Office for the Southern District of New York that the case had been filed.

The court set the following schedule under the standing order governing motions for judgment on the pleadings in Social Security cases:

- Within 90 days after the order, the Commissioner must serve and file the electronic certified administrative record, which will serve as the Commissioner’s answer, or otherwise move against the complaint. - If the Commissioner files a motion for judgment on the pleadings, the motion must be filed within 60 days after the electronic certified administrative record is filed. The motion must fully describe the relevant facts and the underlying administrative proceeding. - Rosario must file an answering brief within 60 days after the Commissioner files its motion. The Commissioner may file a reply within 21 days after that. - Memoranda supporting or opposing a dispositive motion are limited to 25 pages, and reply memoranda are limited to 10 pages, unless the court grants permission to exceed those limits.

Disposition and Significance

Judge Paul G. Gardephe entered an order of service and scheduling order. The court did not rule on the merits of Rosario’s challenge to the Social Security decision and did not determine whether the Commissioner’s decision should be affirmed or reversed.