FENDER v. COMMISSIONER OF SOCIAL SECURITY, 1:11-cv-412. (2012)
Court: District Court, S.D. Ohio
Number: infdco20120518902
Visitors: 7
Filed: May 17, 2012
Latest Update: May 17, 2012
Summary: ORDER STEPHANIE K. BOWMAN, Magistrate Judge. Plaintiff Shelly Fender filed this Social Security appeal in order to challenge the Defendant's finding that she is not disabled. See 42 U.S.C. 405(g). In response to the complaint, Defendant filed a motion to dismiss, arguing that the appeal is untimely (Doc. 6). Although the undersigned initially recommended that Defendant's motion be granted (Doc. 8), the presiding district judge overruled that Report and Recommendation, holding that Plaintiff
Summary: ORDER STEPHANIE K. BOWMAN, Magistrate Judge. Plaintiff Shelly Fender filed this Social Security appeal in order to challenge the Defendant's finding that she is not disabled. See 42 U.S.C. 405(g). In response to the complaint, Defendant filed a motion to dismiss, arguing that the appeal is untimely (Doc. 6). Although the undersigned initially recommended that Defendant's motion be granted (Doc. 8), the presiding district judge overruled that Report and Recommendation, holding that Plaintiff ..
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ORDER
STEPHANIE K. BOWMAN, Magistrate Judge.
Plaintiff Shelly Fender filed this Social Security appeal in order to challenge the Defendant's finding that she is not disabled. See 42 U.S.C. §405(g). In response to the complaint, Defendant filed a motion to dismiss, arguing that the appeal is untimely (Doc. 6). Although the undersigned initially recommended that Defendant's motion be granted (Doc. 8), the presiding district judge overruled that Report and Recommendation, holding that Plaintiff was entitled to equitable tolling in order to permit her day-late complaint to proceed. (Doc. 10). Accordingly, IT IS ORDERED:
1. The Commissioner shall file the administrative record on or before June 8, 2012;
2. Plaintiff shall file her statement of errors within forty-five (45) days of the date the administrative record is filed.
Source: Leagle
