Jack v. Commissioner of Social Security
ORDER re 38 MOTION for miscellaneous relief, specifically filed by Todd M. Jack. Petitioner Todd M. Jack's Petition for the Continuance of the Complaint to Implement USA Federal Court Rule 62 38 is DENIED. Signed by Judge Sheri Polster Chappell on 4/16/2018. (LMF)
UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
TODD M. JACK,
Case No: 2:14-cv-723-FtM-38MRM
COMMISSIONER OF SOCIAL
This matter comes before the Court on Petitioner Todd M. Jack’s Petition for the
Continuance of the Complaint to Implement USA Federal Court Rule 62 filed on April 12,
2018. (Doc. 38). Jack, who appears pro se, moves the Court to enforce its Judgment
(Doc. 31) under Federal Rule Civil Procedure 62 because of “the failure of the Social
Security Administration Disability employees and subcontractors to comply with the
rulings of this Court . . . and that of the 11th Circuit[.]” (Doc. 38).
As best the Court can tell, Jack wants this Court to order the Commissioner of
Social Security to pay him with disability benefits proportional to his previous government
salary. But neither this Court nor the Eleventh Circuit awarded Jack immediate payment
of disability benefits. (Doc. 30; Doc. 35). Instead the Court reversed the Commissioner’s
denial of his application for disability insurance benefits and remanded for further
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administrative proceedings on whether he has a medically determinable impairment that
is severe (or a combination of impairments that are severe), and to continue in the
sequential evaluation, if appropriate. At this point, the Court has sent the matter to the
Commission of Social Security with instructions to address Jack’s application for disability
benefits. The Court understands that a year has passed since the case has been
remanded and it expects the agency is working diligently to handle Jack’s case and all
other cases before it.
Accordingly, it is now
Petitioner Todd M. Jack’s Petition for the Continuance of the Complaint to
Implement USA Federal Court Rule 62 (Doc. 38) is DENIED.
DONE and ORDERED in Fort Myers, Florida this 16th day of April 2018.
Copies: All Parties of Record
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