Moccio v. Bisignano
| New York Southern District Court | |
| Judge: | John G Koeltl |
| Referred: | Valerie Figueredo |
| Case #: | 1:25-cv-06192 |
| Nature of Suit | 865 Social Security - RSI (405(g)) |
| Cause | 42:405 Rev. of Final Dec. of Sec. of HEW re: S.S. Benefits |
| Case Filed: | Jul 28, 2025 |
| Terminated: | Jun 15, 2026 |
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| Docket last updated: 09/21/2026 11:59 PM EDT |
| Monday, September 07, 2026 | ||
| 29 | 29
STIPULATION AND ORDER FOR ALLOWANCE OF FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT AND COSTS UNDER 28 U.S.C. § 1920: IT IS HEREBY STIPULATED by and between Candace Brown Casey, Special Assistant United States Attorney, for James M. McDonald, the United States Attorney for the Southern District of New York, attorneys for the Defendant, and John W. DeHaan, Esq., attorney for the Plaintiff, that the Defendant agrees to pay to the Plaintiff attorney fees in the amount of $9,132.04, pursuant to the Equal Access to Justice Act (EAJA), 28 U.S.C. § 2412, in full satisfaction of any and all claims under the EAJA. The attorney fees may be paid to Plaintiff's counsel if Plaintiff agrees to assign the fees to counsel, and provided that Plaintiff owes no debt to the Federal Government that is subject to offset under the U.S. Treasury Offset Program. It is further agreed that Plaintiff is awarded costs under 28 U.S.C. § 1920 in the amount of $405.00. SO ORDERED (Signed by Judge John G. Koeltl on 9/7/2026) (ks) |
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| Thursday, September 03, 2026 | ||
| 28 | 28
PROPOSED STIPULATION AND ORDER. Document filed by Frank Bisignano..(Brown Casey, Candace) |
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| Monday, June 15, 2026 | ||
| 27 | 27
CLERK'S JUDGMENT re:26 Stipulation and Order. in favor of Dawn Moccio against Frank Bisignano. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation and Order dated June 12, 2026, the final decision of the Commissioner be and hereby is REVERSED, and the matter is REMANDED to the Commissioner of Social Security for this further administrative action. (Signed by Judge John G. Koeltl on 6/15/2026) (nd) |
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misc
Transmission to Office of the Clerk of Court
Mon 06/15 9:48 AM
Transmission to Office of the Clerk of Court. Transmitted re:26 Stipulation and Order,,27 Clerk's Judgment to the Office of the Clerk of Court for processing..(nd) |
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transfer
Case Remanded Out - U.S. Agency
Tue 06/16 9:12 AM
CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the U.S. Agency - Commissioner of Social Security. (mml) |
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| Friday, June 12, 2026 | ||
| 26 | 26
STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the defendant and the plaintiff, that the Commissioner's decision be, and hereby is, reversed and that this action be, and hereby is, remanded to the Commissioner of Social Security, pursuant to the fourth sentence of 42 U.S.C. § 405(g), for further administrative proceedings and a new decision. The Clerk is directed to enter judgment. See Shalala v. Schaefer, 509 U.S. 292 (1993). SO ORDERED. The Clerk is respectfully requested to close this case. So Ordered. (Signed by Judge John G. Koeltl on 6/12/2026) (mml) |
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| 25 | 25
PROPOSED STIPULATION AND ORDER. Document filed by Frank Bisignano..(Brown Casey, Candace) |
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| Monday, June 08, 2026 | ||
| 24 | 24
ORDER granting23 Letter Motion for Extension of Time. The requested extension is GRANTED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 23. (Signed by Magistrate Judge Valerie Figueredo on 6/8/2026) (rro) |
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utility
Set/Reset Deadlines
Mon 06/08 4:03 PM
Set/Reset Deadlines: Social Security Action - Commissioner Brief due by 6/12/2026. (rro) |
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| Friday, June 05, 2026 | ||
| 23 | 23
CONSENT LETTER MOTION for Extension of Time addressed to Magistrate Judge Valerie Figueredo from Candace Brown Casey dated June 5, 2026. Document filed by Frank Bisignano..(Brown Casey, Candace) |
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| Tuesday, May 05, 2026 | ||
| 22 | 22
ORDER granting21 Letter Motion for Extension of Time. The requested extension is GRANTED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 21. Social Security Action - Commissioner Brief due by 6/5/2026. (Signed by Magistrate Judge Valerie Figueredo on 5/5/2026) (rro) |
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| Monday, May 04, 2026 | ||
| 21 | 21
CONSENT LETTER MOTION for Extension of Time addressed to Magistrate Judge Valerie Figueredo from Candace Brown Casey dated 5/4/2026. Document filed by Frank Bisignano..(Brown Casey, Candace) |
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| Thursday, March 05, 2026 | ||
| 20 | 20
NOTICE OF APPEARANCE by Candace Brown Casey on behalf of Frank Bisignano..(Brown Casey, Candace) |
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| 19 | 19
MEMORANDUM OF LAW in Support re:17 MOTION for Judgment on the Pleadings . . Document filed by Dawn Moccio..(DeHaan, John) |
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| 18 | 18
MEMORANDUM OF LAW in Support re:17 MOTION for Judgment on the Pleadings . . Document filed by Dawn Moccio..(DeHaan, John) |
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| 17 | 17
MOTION for Judgment on the Pleadings . Document filed by Dawn Moccio. Responses due by 5/6/2026.(DeHaan, John) |
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| Wednesday, March 04, 2026 | ||
| 16 | 16
ORDER granting14 Letter Motion for Leave to File Excess Pages. SO ORDERED. The Clerk of Court is respectfully directed to terminate the motion at ECF No. 14.. (Signed by Magistrate Judge Valerie Figueredo on 3/4/2026) (ks) |
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| Monday, March 02, 2026 | ||
| 13 | 13
CONSENT LETTER MOTION for Leave to File Excess Pages (increase word count) for brief due on 3/8/26 addressed to Judge John G. Koeltl from John W. DeHaan dated 3/2/26. Document filed by Dawn Moccio..(DeHaan, John) |
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| Tuesday, January 06, 2026 | ||
| 12 | 12
MEMO ENDORSEMENT on re:10 Letter filed by Dawn Moccio ENDORSEMENT: APPLICATION GRANTED. SO ORDERED (Signed by Judge John G. Koeltl on 1/6/2026) (ks) |
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| 11 | 11
MEMO ENDORSEMENT on re:10 Letter filed by Dawn Moccio. ENDORSEMENT: The updated schedule provided herein is adopted. (Signed by Magistrate Judge Valerie Figueredo on 1/6/2026) (rro) |
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| Monday, January 05, 2026 | ||
| 10 | 10
LETTER addressed to Magistrate Judge Valerie Figueredo from John W. DeHaan dated 1/5/2026 re: Confirming that Standing Order M10-468 Extended Briefing Schedule by 43 Days. Document filed by Dawn Moccio..(DeHaan, John) |
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| 9 | 9
SSA ADMINISTRATIVE RECORD. Document filed by Frank Bisignano. Social Security Action - Plaintiff Brief due by 2/4/2026..(Kaiser, Fergus) |
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| Friday, September 26, 2025 | ||
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REVISED SCHEDULING ORDER: The following revised briefing schedule is hereby ORDERED: 1. The Commissioner shall file the electronic record, which shall serve as his answer no later than November 24, 2025. 2. Plaintiff shall file and serve on the Commissioner as brief for requested relief no later than January 23, 2026. 3. The Commissioner shall file a brief and serve it on Plaintiff no later than March 24, 2026. 4. Plaintiff shall file any reply brief and serve it on Commissioner no later than April 7, 2026. ( Social Security Action - Plaintiff Brief due by 1/23/2026., Social Security Action - Commissioner Brief due by 3/24/2026., Social Security Action - Plaintiff Reply Brief due by 4/7/2026.) (Signed by Magistrate Judge Valerie Figueredo on 9/26/2025) (rro) |
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| Thursday, September 25, 2025 | ||
| 7 | 7
CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Valerie Figueredo from The Commissioner dated 9/25/25. Document filed by Frank Bisignano..(Kaiser, Fergus) |
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| Tuesday, September 16, 2025 | ||
| 6 | 6
LETTER addressed to Judge John G. Koeltl from The Commissioner dated 9/16/25 re: No Magistrate Jurisdiction Consent. Document filed by Frank Bisignano..(Kaiser, Fergus) |
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| Wednesday, July 30, 2025 | ||
| 5 | 5
ORDER: By Order dated July 30, 2025, the Court referred this case to Magistrate Judge Valerie Figueredo. To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. As further set forth in this order. SO ORDERED (Signed by Judge John G. Koeltl on 7/30/2025) (ks) |
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| 4 | 4
ORDER OF REFERENCE TO A MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Social Security. Referred to Magistrate Judge Valerie Figueredo. SO ORDERED (Signed by Judge John G. Koeltl on 7/30/2025) (ks) |
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| Tuesday, July 29, 2025 | ||
| 3 | 3
NOTICE OF APPEARANCE by Fergus John Kaiser on behalf of Frank Bisignano..(Kaiser, Fergus) |
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notice
Case Opening Initial Assignment Notice
Tue 07/29 11:19 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. Please download and review the Individual Practices of the assigned District Judge, located at[LINK:https://nysd.uscourts.gov/judges/district-judges] . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at[LINK:https://nysd.uscourts.gov/rules/ecf-related-instructions] ..(jgo) |
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utility
Case Designation
Tue 07/29 11:20 AM
Magistrate Judge Valerie Figueredo is designated to handle matters that may be referred in this case. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link:[LINK:https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf] . (jgo) |
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utility
Case Designated ECF
Tue 07/29 11:20 AM
Case Designated ECF. (jgo) |
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service
Notice of Commencement of Social Security Action
Tue 07/29 11:22 AM
NOTICE OF COMMENCEMENT OF SOCIAL SECURITY ACTION. The Social Security Administration's Office of General Counsel and the United States Attorney for the Southern District of New York are hereby notified of the commencement of this action. Electronic Certified Administrative Record due by 9/29/2025..(jgo) |
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misc
Notice to Attorney Regarding Case Opening Statistical Error Correction
Tue 07/29 11:23 AM
***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John W. DeHaan. The following case opening statistical information was erroneously selected/entered: Cause of Action code 42:425;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 42:405;. (jgo) |
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| Monday, July 28, 2025 | ||
| 2 | 2
CIVIL COVER SHEET filed..(DeHaan, John) |
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| 1 | 1
COMPLAINT against Frank Bisignano. (Filing Fee $ 405.00, Receipt Number ANYSDC-31443430)Document filed by Dawn Moccio..(DeHaan, John) |
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