Opinion
2:24-cv-11559
11-05-2024
ROUWEIDA E.,[1] Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
ORDER REGARDING BRIEFING SCHEDULE
KIMBERLY G. ALTMAN, UNITED STATES MAGISTRATE JUDGE.
This is a social security case. Plaintiff Rouweida E. brings this action under 42 U.S.C. § 405(g), challenging the final decision of the Commissioner of Social Security denying Plaintiff's application for Supplemental Security Income (SSI) under the Social Security Act (the Act). (ECF No. 1). The parties have consented to the jurisdiction of the undersigned, who entered a scheduling order for Plaintiff's and Defendant's motions for summary judgment and Plaintiff's reply on August 24, 2024. (ECF No. 8).
On October 7, 2024, Plaintiff filed her motion for summary judgment, arguing that the case should be remanded for benefits under Sentence Four of 42 U.S.C. § 405(g). (ECF No. 10). In lieu of a motion for summary judgment, the Commissioner filed a motion to remand for further administrative proceedings under Sentence Four. (ECF No. 12). Plaintiff did not concur in the motion to remand for further administrative proceedings, contending that the Court should decide whether a remand for benefits would be more appropriate. (Id.). On November 5, 2024, the Court conducted a telephonic status conference with the parties to determine the appropriate course of action. (ECF No. 13).
Given that motion practice in this case has diverged from the anticipated motions, the Court will set new motion and briefing deadlines for the parties. Plaintiff shall file a response to the Commissioner's motion to remand by November 21, 2024, and Commissioner may file a reply by December 2, 2024.
SO ORDERED.