Middleton v. Social Security Administration Commissioner
ORDER, as set forth. Signed by Honorable Erin L. Setser on March 26, 2013. (lw)
IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
MARGO A. MIDDLETON
CIVIL NO. 12-3066
MICHAEL J. ASTRUE, Commissioner
Social Security Administration
Currently before the Court is Defendant’s Motion to Dismiss. By Order dated March 12,
2013, the Court directed Defendant to clarify an address discrepancy contained in the Declaration
of Donald V. Ortiz regarding notification sent to Plaintiff. (Doc. 10).
On March 19, 2013, Defendant filed a response clarifying the address used by Defendant
with regard to the December 1, 2011, Notice of denial. (Doc. 11). Defendant also pointed out
that Plaintiff’s counsel had withdrawn his representation of Plaintiff with respect to the
applications currently at issue by a letter dated October 3, 2011.
Plaintiff is hereby directed to file a Reply on or before April 5, 2013. With this Reply,
Plaintiff’s counsel is directed to provide a copy of the request for review of the ALJ’s November
16, 2010, decision. Plaintiff’s counsel is also to address why he would have expected to receive
a copy of the Appeals Council’s December 1, 2011, Notice of denial when he had withdrawn his
representation of Plaintiff in October of 2011.
IT IS SO ORDERED this 26 day of March, 2013.
/s/ Erin L. Setser
HON. ERIN L. SETSER
UNITED STATES MAGISTRATE JUDGE
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