Soto v. Commissioner of Social Security

Filing 76

ORDER granting 71 Plaintiff's motion to the extent that the Commissioner shall file the certified administrative record on or before March 19, 2021. Signed by Magistrate Judge Philip R. Lammens on 2/19/2021. (AR)

Case 5:17-cv-00241-PRL Document 76 Filed 02/19/21 Page 1 of 2 PageID 350

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
OCALA DIVISION
CARLOS H. SOTO,
Plaintiff,
v.

Case No: 5:17-cv-241-PRL

COMMISSIONER OF SOCIAL
SECURITY,
Defendant.
ORDER
Over three years ago, this social security appeal was remanded pursuant to sentence
six of 42 U.S.C. §405(g) because the Commissioner was unable to locate the claims file for
the ALJ’s decision. In his most recent motion, Plaintiff asks the Court to order the
Commissioner to produce the certified administrative record (“CAR”) by the end of February
2021. (Doc. 71). In response, the Commissioner explains how the ongoing COVID-19
pandemic has slowed the production of the CAR and requests an additional sixty days. (Doc.
75). While the Court understands that COVID-19 has presented challenges, Plaintiff has been
waiting over three years since this matter was remanded and over a year since the underlying
administrative proceedings were completed. It’s time for the Commissioner to make this case
a priority.
Accordingly, upon due consideration, Plaintiff’s motion (Doc. 71) is GRANTED to
the extent that the Commissioner shall file the certified administrative record on or before
March 19, 2021.

Case 5:17-cv-00241-PRL Document 76 Filed 02/19/21 Page 2 of 2 PageID 351

DONE and ORDERED in Ocala, Florida on February 19, 2021.

Copies furnished to:
Counsel of Record
Unrepresented Parties

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