Opinion
2:22-cv-01201-VCF
10-11-2022
OSLAIDA CRUZ DE OSES, Plaintiff, v. KILOLO KIJAKAZI, Commissioner of Social Security, Defendant.
JASON M. FRIERSON Acting United States Attorney. DAVID PRIDDY Special Assistant United States Attorney
JASON M. FRIERSON Acting United States Attorney.
DAVID PRIDDY Special Assistant United States Attorney
UNOPPOSED MOTION FOR EXTENSION OF TIME TO FILE ANSWER AND CERTIFIED ADMINISTRATIVE RECORD (FIRST REQUEST)
Defendant, Kilolo Kijakazi, Acting Commissioner of Social Security (the “Commissioner”), through her undersigned counsel, hereby requests an extension of time to file her answer and Certified Administrative Record (CAR) in this case, for good cause shown. This is the Commissioner's first motion for an extension. The Commissioner's answer and CAR are currently due to be filed by October 11, 2022. The Commissioner requests an extension of 30 days in which to file the answer and CAR, which would move the due date to November 10, 2022. Counsel for Defendant advised counsel for Plaintiff of the need for this extension on October 7, 2022. Counsel for Plaintiff confirmed that Plaintiff does not object to this request.
Defendant makes this request in good faith and for good cause, because the CAR, which must be filed with the answer and is necessary to adjudicate the case, is not yet available. On October 6, 2022, counsel for Defendant contacted the Social Security Administration's Office of Appellate Operations (OAO) in Falls Church, Virginia, which is responsible for producing the CAR that must be filed with the answer, per 42 U.S.C. § 405(g) and (h). A representative from OAO indicated that they needed additional time to complete production of the electronic CAR and the paper courtesy copy of the CAR that is necessary to provide to the Court.
The public health emergency pandemic caused by COVID-19 has significantly impacted Defendant's operations, and particularly the operations of OAO. Although OAO has innovated to improve productivity throughout the pandemic, OAO continues to run into staffing and technical issues that delay CAR production for certain cases, including this one.
Accordingly, Defendant requests an extension of 30 days in which to file the answer and CAR, changing the due date for the answer and CAR from October 11, 2022, to November 10, 2022.
IT IS SO ORDERED.