Dinkins v. Social Security Administration

Filing 14

Order Remanding Case to Commissioner: IT IS ORDERED that Petitioner's Objection is GRANTED insofar as the matter is remanded to the Commissioner for production of evidence that Dinkins was provided notice that he had until October 13, 2020, to file an SSI application with July 13, 2020, as the protective filing date, as set forth in document. Signed by Judge Jay C. Zainey on 11/9/2023.(jls) (cc via USPS to SSA Office of Disability Adjudication & Review) (jls).

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF LOUISIANA
DAVID DINKINS
VERSUS
KILOLO KIJAKAZI, ACTING
COMMISSIONER OF SOCIAL
SECURITY

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CIVIL ACTION NO. 23-305
SECTION: “A”(4)
JUDGE JAY C. ZAINEY
MAGISTRATE JUDGE KAREN WELLS
ROBY

ORDER
The Court, having considered the record, the applicable law, the Report and
Recommendation of the United States Magistrate Judge (Rec. Doc. 12), and the petitioner’s
objection to the Magistrate Judge’s Report and Recommendation, hereby remands the matter to
the Commissioner for further proceedings.
In his objection, the petitioner, David Dinkins, argues that the ALJ failed to make a proper
finding of fact as to whether Dinkins was informed that he had to file an SSI application by October
13, 2020, to preserve a protective filing date of July 13, 2020. He asserts that he never received
written notice and that no such notice is in the record. He claims that these facts entitle him to a
protective filing date of July 13, 2020.
The ALJ, in his Second Amended Decision, relying on communications with the SSA’s
field office, determined that “the claimant did not file an SSI application on July 13, 2020,” and
that “he was given until October 13, 2020, to file an SSI application with July 13, 2020, as the
protective filing date.” (Rec. Doc. 9, at 23). However, the SSA has the obligation to make clearly
defined deadlines. In its review of the administrative record, the Court has not seen any documents

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evidencing that Dinkins was provided notice that he had until October 13, 2020, to file an SSI
application with July 13, 2020, as his protective filing date.1
Accordingly;
IT IS ORDERED that Petitioner’s Objection is GRANTED insofar as the matter is
remanded to the Commissioner for production of evidence that Dinkins was provided notice that
he had until October 13, 2020, to file an SSI application with July 13, 2020, as the protective filing
date.
November 9, 2023
_____________________________________
JAY C. ZAINEY
UNITED STATES DISTRICT JUDGE

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The Court notes that the record of administrative proceedings exceeds 900 pages.

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