Mcconell v. Commissioner of Social Security

New York Southern District Court
Judge:Katharine H Parker
Referred: Katharine H Parker
Case #: 1:25-cv-06839
Nature of Suit863 Social Security - DIWC/DIWW (405(g))
Cause42:405 Review of HHS Decision (DIWC)
Case Filed:Aug 19, 2025
Terminated:Mar 31, 2026

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Docket last updated: 09/23/2026 11:59 PM EDT
Wednesday, April 29, 2026
20 20 order Stipulation and Order Wed 04/29 10:57 AM
STIPULATION 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 Graham Morrison, Special Assistant United States Attorney, for Jay Clayton, the United States Attorney for the Southern District of New York, attorneys for the defendant herein, and Harold Skovronsky, attorney for the Plaintiff, that the Commissioner of Social Security pay to the Plaintiff attorney fees in the amount of$6,200.00 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 Plaintiffs 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 Magistrate Judge Katharine H. Parker on 4/29/2026) (vfr)
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19 19 misc Proposed Stipulation and Order Wed 04/29 10:15 AM
PROPOSED STIPULATION AND ORDER. Document filed by Commissioner of Social Security..(Morrison, Graham)
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Tuesday, March 31, 2026
18 18 order Judgment - Clerk Tue 03/31 1:56 PM
CLERK'S JUDGMENT re:17 Stipulation and Order,. in favor of Jeffrey Mcconell against Commissioner of Social Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation and Order dated March 30, 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 Clerk of Court Tammi M Hellwig on 3/31/2026) (nd)
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Att: 1 Notice of right to appeal
misc Transmission to Office of the Clerk of Court Tue 03/31 1:57 PM
Transmission to Office of the Clerk of Court. Transmitted re:18 Clerk's Judgment,,17 Stipulation and Order, to the Office of the Clerk of Court for processing..(nd)
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transfer Case Remanded Out - U.S. Agency Tue 03/31 3:37 PM
CASE REMANDED OUT from the U.S.D.C. Southern District of New York to the U.S. Agency - Commissioner of Social Security..(rro)
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Monday, March 30, 2026
17 17 order Stipulation and Order ~Util - Terminate Motions Mon 03/30 3:52 PM
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 pursuant to the fourth sentence of 42 U.S.C. § 405(g). On remand, Plaintiff will be offered the opportunity for a new hearing. The Clerk is directed to enter judgment. See Shalala v. Schaefer, 509 U.S. 292 (1993). SO ORDERED. Motions terminated:12 FIRST MOTION for Judgment on the Pleadings . filed by Jeffrey Mcconell. (Signed by Magistrate Judge Katharine H. Parker on 3/30/2026) (rro)
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16 16 misc Proposed Stipulation and Order Mon 03/30 12:14 PM
PROPOSED STIPULATION AND ORDER. Document filed by Commissioner of Social Security..(Morrison, Graham)
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Tuesday, March 24, 2026
15 15 notice Notice of Appearance Tue 03/24 7:14 AM
NOTICE OF APPEARANCE by Graham Morrison on behalf of Commissioner of Social Security..(Morrison, Graham)
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Tuesday, February 24, 2026
14 14 misc Consent to Jurisdiction by US Magistrate Judge Tue 02/24 1:11 PM
CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Commissioner of Social Security, Jeffrey Mcconell. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. (Signed by Judge Jennifer H. Rearden on 2/24/2026) (tro)
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Wednesday, February 04, 2026
13 13 respm Memorandum of Law in Support of Motion Wed 02/04 4:36 PM
FIRST MEMORANDUM OF LAW in Support re:12 FIRST MOTION for Judgment on the Pleadings . . Document filed by Jeffrey Mcconell..(Skovronsky, Harold)
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12 12 motion Judgment on the Pleadings Wed 02/04 4:35 PM
FIRST MOTION for Judgment on the Pleadings . Document filed by Jeffrey Mcconell..(Skovronsky, Harold)
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Tuesday, January 27, 2026
11 11 misc Proposed Consent to Jurisdiction by US Magistrate Judge Tue 01/27 1:34 PM
PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by Commissioner of Social Security. Document filed by Commissioner of Social Security..(Aden, Sergei)
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Wednesday, January 21, 2026
10 10 2 pgs order Order Wed 01/21 3:42 PM
ORDER: This case has been referred to me for a report and recommendation. The parties shall meet and confer to discuss whether they jointly consent to decision of this action by a United States Magistrate Judge (that is, the undersigned), pursuant to 28 U.S.C. § 636(c). If the parties jointly consent, they shall complete the consent form available on the Court's website, as further set forth herein. If either or both parties do not consent, counsel for Plaintiff shall file a letter on ECF no later than Friday, February 20, 2026 representing that the parties met and conferred but that they do not jointly consent. The letter should not indicate any particular party's consent or non-consent. This Order is not meant to interfere in any way with the parties' absolute right to decision by a United States District Judge, but is merely an attempt at preserving scarce judicial resources and reminding the parties of their option pursuant to 28 U.S.C. § 636(c). There will be no adverse consequences if the parties withhold their consent, but granting consent may result in a faster and more efficient resolution of this case. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/21/2026) (vfr)
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Thursday, January 15, 2026
9 9 1 pgs order Order on Motion for Extension of Time to File Thu 01/15 5:54 PM
ORDER granting8 Letter Motion for Extension of Time to File. On January 13, 2026, Plaintiff filed an unopposed motion to extend the filing deadline for his brief. (ECF No. 8) Plaintiff's brief was originally due on January 2, 2026, and the present request is untimely. Nevertheless, the motion is GRANTED. Plaintiff's brief shall be filed on or before February 12, 2026. Defendant's response brief shall be filed on or before April 3, 2026. Plaintiff's reply, if any, shall be filed on or before April 17, 2026. Plaintiff is cautioned that future failures to comply with court-imposed deadlines may result in denial of relief. The Clerk of the Court is respectfully directed to terminate the motion at ECF No. 8. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 1/15/2026) (vfr)
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utility Set/Reset Deadlines Thu 01/15 5:57 PM
Set/Reset Deadlines: Social Security Action - Plaintiff Brief due by 2/12/2026. Social Security Action - Commissioner Brief due by 4/3/2026. Social Security Action - Plaintiff Reply Brief due by 4/17/2026. (vfr)
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Tuesday, January 13, 2026
8 8 motion Extension of Time to File Document Tue 01/13 10:47 AM
FIRST LETTER MOTION for Extension of Time to File addressed to Magistrate Judge Katharine H. Parker from Harold Skovronsky dated 01/13/2026. Document filed by Jeffrey Mcconell..(Skovronsky, Harold)
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Tuesday, December 02, 2025
7 7 notice SSA Administrative Record Tue 12/02 1:34 PM
SSA ADMINISTRATIVE RECORD. Document filed by Commissioner of Social Security. Social Security Action - Plaintiff Brief due by 1/2/2026..(Aden, Sergei)
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Att: 1 Supplement Administrative Record Continued,
Att: 2 Supplement Administrative Record Continued
Thursday, August 21, 2025
6 6 1 pgs order Order Referring Case to Magistrate Judge Thu 08/21 1:48 PM
ORDER REFERRING CASE TO 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 Katharine H. Parker. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 8/21/2025) (jca)
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Wednesday, August 20, 2025
5 5 notice Notice of Appearance Wed 08/20 11:43 AM
NOTICE OF APPEARANCE by Sergei Aden on behalf of Commissioner of Social Security..(Aden, Sergei)
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4 4 notice Notice of Appearance Wed 08/20 11:26 AM
NOTICE OF APPEARANCE by Daniella Marie Calenzo on behalf of Commissioner of Social Security..(Calenzo, Daniella)
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misc Notice to Attorney Regarding Case Opening Statistical Error Correction Wed 08/20 10:43 AM
***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Harold Skovronsky. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to Westchester. (vf)
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notice Case Opening Initial Assignment Notice Wed 08/20 10:47 AM
CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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] ..(vf)
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utility Case Designation Wed 08/20 10:47 AM
Magistrate Judge Katharine H. Parker 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] . (vf)
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utility Case Designated ECF Wed 08/20 10:48 AM
Case Designated ECF. (vf)
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service Notice of Commencement of Social Security Action Wed 08/20 12:21 PM
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 10/20/2025. (vf)
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Tuesday, August 19, 2025
3 3 misc Civil Cover Sheet Tue 08/19 10:52 AM
CIVIL COVER SHEET filed..(Skovronsky, Harold)
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2 2 misc Civil Cover Sheet Tue 08/19 10:52 AM
CIVIL COVER SHEET filed..(Skovronsky, Harold)
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1 1 cmp Complaint Tue 08/19 10:51 AM
COMPLAINT against Commissioner of Social Security. (Filing Fee $ 405.00, Receipt Number ANYSDC-31575370)Document filed by Jeffrey Mcconell..(Skovronsky, Harold)
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