Opinion
2:22-cv-01926-BNW
01-26-2023
NATALIE GENE NOLT, Plaintiff, v. KILOLO KIJAKAZI, Commissioner of Social Security, Defendant.
JASON M. FRIERSON, NVSBN 7709 Acting United States Attorney District of Nevada Nevada Bar No. 14853 JUSTIN L. MARTIN, MOSBN 62255 Special Assistant United States Attorney Office of Program Litigation, Office 7 Office of the General Counsel Social Security Administration Attorneys for Defendant
JASON M. FRIERSON, NVSBN 7709
Acting United States Attorney
District of Nevada
Nevada Bar No. 14853
JUSTIN L. MARTIN, MOSBN 62255
Special Assistant United States Attorney
Office of Program Litigation, Office 7
Office of the General Counsel
Social Security Administration
Attorneys for Defendant
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 January 30, 2023. The Commissioner requests an extension of 60 days in which to file the answer and CAR, which would move the due date to March 31, 2023. Counsel for Defendant advised counsel for Plaintiff of the need for this extension on January 25, 2023. 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 January 23, 2023, 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 60 days in which to file the answer and CAR, changing the due date for the answer and CAR from January 30, 2023, to March 31, 2023.
IT IS SO ORDERED: