Bellinsky v. Commissioner of Social Security

Filing 10

ORDER granting 9 Motion to Extend Time to Answer Complaint and to file Certified Administrative Record. Andrew Saul answer/eCAR due 4/19/2021. Signed by Magistrate Judge Brenda Weksler on 2/16/2021. (Copies have been distributed pursuant to the NEF - DRS)

Case 2:20-cv-01734-BNW Document 10 Filed 02/08/21 Page 1 of 5
Case 2:20-cv-01734-BNW Document 9 Filed 02/16/21 Page 1 of 4

1
2
3

NICHOLAS A. TRUTANICH
United States Attorney
District of Nevada

6

ALLISON J. CHEUNG, CSBN 244651
Special Assistant United States Attorney
160 Spear Street, Suite 800
San Francisco, California 94105
Telephone: [phone]
Facsimile: [phone]
E-Mail: [e-mail]

7

Attorneys for Defendant

4
5

8
9
10

UNITED STATES DISTRICT COURT

11

DISTRICT OF NEVADA

12

JUSTINE BELLINSKY,

13
14
15
16
17
18
19
20
21
22
23
24
25
26

Plaintiff,
vs.
ANDREW SAUL,
Commissioner of Social Security,
Defendant.

)
)
)
)
)
)
)
)
)
)
)

Case No.: 2:20-cv-01734-BNW
UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE CERTIFIED
ADMINISTRATIVE RECORD AND ANSWER;
DECLARATIONS OF JEBBY RASPUTNIS AND
CHRISTIANNE VOEGELE
(SECOND REQUEST)

Case 2:20-cv-01734-BNW Document 10 Filed 02/08/21 Page 2 of 5
Case 2:20-cv-01734-BNW Document 9 Filed 02/16/21 Page 2 of 4

1

Defendant, Andrew Saul, Commissioner of Social Security (the “Commissioner”), by and through

2

his undersigned attorneys, hereby moves for a sixty-day extension of time to file the Certified

3

Administrative Record (CAR) and answer to Plaintiff’s Complaint. The CAR and answer to Plaintiff’s

4

Complaint are due to be filed by February 16, 2021. This is the Commissioner’s second request for an

5

extension. The following provides the Court with an updated status of the agency’s ability to prepare

6

CARs, including an updated declaration from Jebby Rasputnis.

7
8
9
10
11
12
13
14
15

In light of the global COVID-19 pandemic, the Social Security Administration (“SSA” or the
“Agency”) has taken the unprecedented step of suspending in-office services to the public:
https://www.ssa.gov/coronavirus/. The Agency is focusing on providing the most critical services by
mail, phone and online to those most in need. SSA is also taking additional steps to protect its employees
and help stop the spread of COVID-19, maximizing social distancing, including significantly limiting
employee access to SSA facilities for health and safety only and has moved toward a temporary virtual
work environment. Electronic processes allow some of SSA’s most critical work to continue with
minimal interruption; other workloads have been suspended until the health crisis abates or the Agency is
able to create new electronic business processes.
For purposes of this particular case, the public health emergency pandemic has significantly

16

impacted operations in the Social Security Administration’s Office of Appellate Operations (OAO) in

17

Falls Church, Virginia. That office is responsible for physically producing the administrative record that

18

is required to adjudicate the case under Sections 205(g) and (h) of the Social Security Act, 42 U.S.C.

19

§ 405(g) and (h). See SSA Program Operations Manual System GN 03106.025, available at

20

https://secure.ssa.gov/apps10/poms.nsf/lnx/0203106025.

21

As detailed in the attached declarations, beginning March 16, 2020, OAO’s staff members began

22

to telework to protect employee health and prevent further spread of COVID-19. At that time, critical in-

23

person physical tasks associated with preparing the administrative record could not be accomplished. For

24

example, prior to the COVID-19 pandemic, to safeguard Personally Identifiable Information (PII), all

25

hearing recordings, which are part of the administrative record, were downloaded onto compact discs and

26

encrypted. OAO securely routed the encrypted discs to a private contractor through a daily pickup and

Unopposed Mot. for Ext.; 2:20-cv-01734-BNW

1

Case 2:20-cv-01734-BNW Document 10 Filed 02/08/21 Page 3 of 5
Case 2:20-cv-01734-BNW Document 9 Filed 02/16/21 Page 3 of 4

1

delivery service at the Official Duty Station (ODS) in Falls Church, Virginia. The private contractor

2

would transcribe the hearing recording and send the paper copy of the hearing transcript back to OAO.

3

OAO personnel would then scan the hearing transcript into the electronic record or place the hearing

4

transcript in the paper case file. Thereafter, OAO personnel would assemble the administrative record in

5

a prescribed order.
To ensure a continuity of operations, OAO has been actively pursuing mitigation efforts to allow

6
7
8
9
10
11
12
13
14
15
16

the remote preparation of administrative records. For cases in which the private contractors were already
in possession of hearing recordings for transcription, with the assistance of the Office of Acquisitions and
Grants (OAG), OAO received approval to receive these transcripts from the private contractors via
secured email, e.g., using password protection and redacted Social Security Numbers. In April 2020,
OAO began receiving such hearing transcripts from private contractors via secured email.
For cases in which OAO had not yet submitted recordings to the private contractors before March
16, 2020, OAO has been pursuing all available options to obtain transcriptions for these cases. In May
2020, OAO began encrypting hearing recordings and securely emailing them to the contractors for
transcription. Through the month of May, OAO and the contractors worked to resolve technical issues
that arose, particularly with large files. The process is functioning now, albeit at only half of normal
productivity.

17
18

Given the volume of pending cases, Defendant requests an extension in which to respond to the
Complaint until April 19, 2021.

19
20

On February 8, 2021, the undersigned conferred with Plaintiff’s counsel, who has no opposition to
the requested extension.
It is therefore respectfully requested that Defendant be granted an extension of time to file the CAR

21
22

and answer to Plaintiff’s Complaint, through and including April 19, 2021.

23

//

24

//

25

//

26

//

Unopposed Mot. for Ext.; 2:20-cv-01734-BNW

2

Case 2:20-cv-01734-BNW Document 10 Filed 02/08/21 Page 4 of 5
Case 2:20-cv-01734-BNW Document 9 Filed 02/16/21 Page 4 of 4

1

Dated: February 8, 2021
NICHOLAS A. TRUTANICH
United States Attorney

2
3

/s/ Allison J. Cheung
ALLISON J. CHEUNG
Special Assistant United States Attorney

4
5
6
7
8
9

IT IS SO ORDERED:

10
11

UNITED STATES MAGISTRATE JUDGE

12

2/16/2021
DATED: ___________________________

13
14
15
16
17
18
19
20
21
22
23
24
25
26

Unopposed Mot. for Ext.; 2:20-cv-01734-BNW

3