Parker v. Astrue

Filing 16

Joint Case Management Plan for Social Security Cases. SS Plaintiffs Brief due by 3/11/2013. SS Defendants Brief due by 4/10/2013. SS Plaintiffs Reply Brief due by 4/25/2013, by Judge John L. Kane on 1/25/13. (sgrim)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Civil Action No. 12-cv-01889-AP
JANET L. PARKER,
Plaintiff,
v.
MICHAEL J. ASTRUE,
Commissioner of Social Security,
Defendant.
______________________________________________________________________________
JOINT CASE MANAGEMENT PLAN FOR SOCIAL SECURITY CASES
______________________________________________________________________________
1.

APPEARANCES OF COUNSEL AND PRO SE PARTIES
For Plaintiff:

For Defendant:

JANET L. PARKER
Pro Se Plaintiff
1914 E. 96th Circle
Thornton, CO 80229
303-252-1422
[e-mail]

JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
[e-mail]
SANDRA T. KRIDER
Special Assistant United States Attorney
Supervisory Attorney
Office of the General Counsel
Social Security Administration
1001 17th Street, 6th Floor
Denver, Colorado 80202
[phone]
[phone] (facsimile)
[e-mail]

2.

STATEMENT OF LEGAL BASIS FOR SUBJECT MATTER JURISDICTION
The Court has jurisdiction based on section 205(g) of the Social Security Act,
42 U.S.C. § 405(g).

3.

DATES OF FILING OF RELEVANT PLEADINGS
A. Date Complaint Was Filed: 07/20/12
B. Date Complaint Was Served on U.S. Attorney’s Office: 10/30/12
C. Date Answer and Administrative Record Were Filed: 01/07/13 (based on date
calculated by court)

4.

STATEMENT REGARDING THE ADEQUACY OF THE RECORD
Plaintiff states the record is incomplete and inaccurate.
To the best of his knowledge, Defendant states the record is complete and accurate.

5.

STATEMENT REGARDING ADDITIONAL EVIDENCE
Plaintiff anticipates submitting additional evidence.
Defendant does not anticipate submitting additional evidence but reserves the right to
object to additional evidence Plaintiff submits.

6.

STATEMENT REGARDING WHETHER THIS CASE RAISES UNUSUAL CLAIMS
OR DEFENSES
This case may raise unusual claims or defenses in that it is not a Social Security disability
case. Nonetheless, defendant maintains this is an appeal under section 205(g) of the
Social Security Act (Act), and the standard of review is the same as a Social Security
disability case. To the contrary, Plaintiff contends this case raises constitutional claims,
specifically that application of the Windfall Elimination Provision (WEP) and the
Government Pension Offset (GPO) provision of the Act to reduce her Social Security
benefits violates the Fourteenth Amendment and Equal Protection Clause, that reduction
of her Social Security benefits does not comply with the intent or the purpose of WEP
and/or GPO, and that the reduction by WEP/GPO is not applicable to her situation.

7.

OTHER MATTERS
The parties state there are no other matters. This case is not on appeal from a decision
issued on remand from this court.

8.

BRIEFING SCHEDULE

-2-

The parties agreed to the following schedule:
A. Plaintiffs Opening Brief Due:
03/11/13
B. Defendant’s Response Brief Due:
04/10/13
C. Plaintiffs Reply Brief (If Any) Due: 04/25/13
9.

STATEMENTS REGARDING ORAL ARGUMENT
A. Plaintiff’s Statement: Plaintiff requests oral argument.
B. Defendant’s Statement: Defendant does not request oral argument.

10.

CONSENT TO EXERCISE OF JURISDICTION BY MAGISTRATE JUDGE
The parties do not consent to the exercise of jurisdiction of a United States
Magistrate Judge.

11.

AMENDMENTS TO JOINT CASE MANAGEMENT PLAN
THE PARTIES FILING MOTIONS FOR EXTENSION OF TIME OR
CONTINUANCES MUST COMPLY WITH D.C.COLO.LCivR 7.1(C) BY
SUBMITTING PROOF THAT A COPY OF THE MOTION HAS BEEN SERVED
UPON THE MOVING ATTORNEY’S CLIENT, ALL ATTORNEYS OF RECORD,
AND ALL PRO SE PARTIES.
The parties agree that the Joint Case Management Plan may be altered or amended only
upon a showing of good cause.
DATED this 25th day of January 2013.
BY THE COURT:

s/John L. Kane ______
U.S. DISTRICT COURT JUDGE

3

APPROVED:
For Plaintiff:

For Defendant:

JANET L. PARKER
Pro Se Plaintiff
1914 E. 96th Circle
Thornton, CO 80229
303-252-1422
[e-mail]

JOHN F. WALSH
United States Attorney
J. BENEDICT GARCÍA
Assistant United States Attorney
United States Attorney’s Office
District of Colorado
[e-mail]

s/ Janet L. Parker
Janet L. Parker

s/ Sandra T. Krider
Sandra T. Krider
Special Assistant U.S. Attorney
1001 17th Street, 6th Floor
Denver, Colorado 80202
[phone]
[e-mail]

4