Herring v. Astrue
ORDER advising plaintiff that her complaint will be considered as an appeal of the denial of disability benefits by the Social Security Administration; that she must provide additional information to the court about her claims; and, that the court will hold in abeyance for Thirty (30) Days consideration of her appeal pending her providing the information to the court. Ordered by Judge Claude W. Hicks Jr. on 8/3/07. (CWH)
Herring v. Astrue
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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA MACON DIVISION ROSE MARION HERRING, Plaintiff
NO. 5: 07-CV-279 (CAR)
VS. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant BEFORE THE U. S. MAGISTRATE JUDGE SOCIAL SECURITY APPEAL
In response to this court's order of July 23, 2007, plaintiff ROSE MARION HERRING has advised the court that she is seeking to appeal a denial of Social Security disability and to obtain damages under Title VII of the Civil Rights Act of 1964. However, she cannot pursue both of these claims in the same lawsuit. Accordingly, the court will consider in this lawsuit only her appeal of denial of Social Security disability benefits. If she wishes to pursue a claim under Title VIII, she must do so in a separate proceeding. Plaintiff also advises that she needs certain documentation, including transcripts and decisions from the Social Security Administration. Any decision denying benefits should have been provided to plaintiff at the time the benefits were denied. It is her responsibility to obtain such documentation; the court cannot assist her in this matter. Accordingly, for a period of THIRTY (30) DAYS, the court will hold in abeyance considering plaintiff's Social Security appeal in order to allow her time to provide the information the court previously ordered.. If and when she is permitted to proceed with her appeal, a transcript will be provided to the court by the Social Security Administration for review.
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SO ORDERED AND DIRECTED, this 3rd day of AUGUST, 2007.
CLAUDE W. HICKS, JR. UNITED STATES MAGISTRATE JUDGE
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