Defendant's Attorney: Adam Randall Sorkin

Description: Dayton, Ohio social security disability lawyer represented the Plaintiff seeking review of the denial by HHS of her application for 42:405 Review of HHS Decision (DIWC) benefits.

08/30/2022 1 MOTION for Leave to Proceed in forma pauperis by Plaintiff Carrie Search. (Attachments: # 1 Complaint, # 2 Civil Cover Sheet, # 3 USDC) (Walter, Robert) (Entered: 08/30/2022)
08/30/2022 2 CLERK'S NOTICE and GENERAL ORDER 22-04: Pursuant to S.D. Ohio General Order 22-04, if no party indicates that they are withholding their consent to Magistrate Judge jurisdiction, the case will remain with the assigned Magistrate Judge for all matters, including entry of a final judgment. Further, the filing of a party's statement of errors or memorandum in opposition without first filing an executed copy of the Statement as to Magistrate Judge Jurisdiction Form will also be deemed as consent by that party to Magistrate Judge jurisdiction over all aspects of the litigation, including entry of a final judgment. (jmb) (Entered: 08/30/2022)
08/30/2022 3 Statement As To Magistrate Judge Jurisdiction Form. The completed Statement As To Magistrate Jurisdiction Form shall be completed and emailed to the Court's Social Security Case Coordinator at, SSA_Coordinator@ohsd.uscourts.gov or mailed to:

Office of the Clerk
Walter H. Rice Federal Building
and U.S. Courthouse
Room 712
Attn: Social Security Coordinator
200 W. Second Street
Dayton, Ohio 45402

DO NOT ELECTRONICALLY FILE THIS DOCUMENT, IT MUST BE MAILED TO THE ABOVE ADDRESS OR EMAILED TO SSA_Coordinator@ohsd.uscourts.gov.

The completed Statement As To Magistrate Judge Jurisdiction Form due by 9/29/2022 (jmb) (Entered: 08/30/2022)
08/30/2022 4 ORDER granting 1 Motion for Leave to Proceed in forma pauperis. In accordance with the Southern District of Ohio Civil Rule 8.1, the Commissioner shall file and serve a certified copy of the administrative record within sixty (60) days after filing of the Social Security Identification Form, which copy shall function as the Answer. Plaintiff must file a Statement of Errors within forty-five (45) days after filing of the administrative record setting forth the bases upon which reversal or remand is sought. The Commissioner must file and serve a Memorandum in Opposition to Plaintiff's Statement of Errors within forty-five (45) days after service of the Statement of Errors. Plaintiff's Reply, if any, must be filed fifteen (15) days after the memorandum in opposition is filed. All briefing must include references to the administrative record. Signed by Magistrate Judge Caroline H. Gentry on 08/30/2022. (jmb) (Entered: 08/30/2022)
08/30/2022 5 COMPLAINT against Commissioner of Social Security, filed by Carrie Search. (jmb) (Entered: 08/30/2022)
08/30/2022 Set/Reset Deadlines: Commissioner of Social Security answer due 10/31/2022. (jmb) (Entered: 08/30/2022)
09/02/2022 7 NOTICE of Appearance by Adam R. Sorkin for Defendant Commissioner of Social Security (Sorkin, Adam) (Entered: 09/02/2022)
09/26/2022 8 First CERTIFIED ADMINISTRATIVE RECORD filed by Defendant Statement of Errors due by 11/10/2022. (Attachments: # 1 Court Transcript Index, # 2 Documents Related to Administrative Process Including Transcript of Oral Hearing, if applicable, # 3 Payment Documents and Decisions, # 4 Jurisdictional Documents and Notices, # 5 Non Disability Related Development, # 6 Disability Related Development, # 7 Medical Records) (Stark, John) (Entered: 09/26/2022)
09/30/2022 CLERK'S NOTICE: As no party has indicated on the previously issued 3 Statement as to Magistrate Judge Jurisdiction Form that they are withholding their consent to Magistrate Judge jurisdiction, the case will remain with the assigned Magistrate Judge for all matters, including entry of a final judgment pursuant to General Order 22-04. (jmb) (Entered: 09/30/2022)
11/10/2022 9 STATEMENT OF SPECIFIC ERRORS by Plaintiff Carrie Search Opposition to Statement of Errors due by 12/27/2022. (Walter, Robert) Modified on 8/29/2023 (pb). (Entered: 11/10/2022)
12/27/2022 10 Response in Opposition re 9 Statement of Specific Errors by Defendant Commissioner of Social Security. Reply to Opposition to Statement of Errors due by 1/11/2023. (Julis, Rachel) (Entered: 12/27/2022)
01/04/2023 11 REPLY to Opposition re 9 Statement of Specific Errors by Plaintiff Carrie Search (Walter, Robert) (Entered: 01/04/2023)
08/29/2023 12 DECISION AND ORDER granting 9 Statement of Errors; The Court REVERSES the Commissioners non-disability determination; No finding is made as to whether Plaintiff was under a disability within the meaning of the Social Security Act; This matter is REMANDED to the Social Security Administration under Sentence Four of 42 U.S.C. § 405(g) for further consideration consistent with this Decision and Order; and This case is terminated on the Courts docket. Signed by Magistrate Judge Caroline H. Gentry on 8/29/23. (pb) (Entered: 08/29/2023)
08/29/2023 13 CLERK'S JUDGMENT. Signed on 8/29/23. (pb) (Entered: 08/29/2023)
08/29/2023 ***Civil Case Terminated. (jmb) (Entered: 08/29/2023)
11/22/2023 14 Joint MOTION for Attorney Fees by Defendant Commissioner of Social Security. (Attachments: # 1 Text of Proposed Order) (Julis, Rachel) (Entered: 11/22/2023)

"42 U.S. Code § 405 is a provision of the Social Security Act that allows individuals to challenge the decisions of the Social Security Administration (SSA). The DIWC process is used to review the SSA's decisions on benefits, including disability benefits, Supplemental Security Income (SSI) benefits, and Medicare and Medicaid eligibility.

Who can use DIWC?

Anyone who has been denied benefits or has had their benefits terminated by the SSA can use DIWC to appeal the decision. This includes individuals, their representatives, and the SSA itself.

How does DIWC work?

The DIWC process involves several steps:

Initial review: The SSA's initial decision is reviewed by an administrative law judge (ALJ). The ALJ will review the evidence in the case and make a decision on the merits of the appeal.

Review by Appeals Council: If the ALJ denies the appeal, the individual can appeal to the SSA's Appeals Council. The Appeals Council will review the ALJ's decision and decide whether to affirm, reverse, or remand the decision.

Federal court review: If the Appeals Council affirms the ALJ's decision, the individual can appeal to federal court. Federal courts have the authority to review the SSA's decisions for legal error.

What are the deadlines for DIWC?

There are strict deadlines for filing appeals under DIWC. Individuals must file their appeals within a certain number of days after they receive the SSA's decision. The deadlines can vary depending on the type of benefit and the specific circumstances of the case.

What are the remedies for DIWC?

If an individual is successful in their appeal, the SSA may be ordered to re-issue benefits, pay backpayments, or modify its decision in some other way. The individual may also be awarded attorney's fees and costs.

Conclusion

DIWC is an important process for individuals who have been denied Social Security benefits. By following the DIWC process carefully, individuals can increase their chances of getting their benefits reinstated.

Additional Resources

Social Security Administration (SSA)
Office of Attorney General
National Organization of Social Security Claimants Representatives (NOSSCR)'"

Google Bard

Outcome: Judgment in favor of Plaintiff.

Plaintiff's Experts:

Defendant's Experts:

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