Young v. Saul
Filing
12
ORDER Granting 11 Motion to Extend Time re 5 Complaint (First Request). Andrew Saul answer due 4/30/2021. Signed by Magistrate Judge Cam Ferenbach on 2/17/2021. (Copies have been distributed pursuant to the NEF - MR)
Case 2:20-cv-02255-VCF Document 12 Filed 02/17/21 Page 1 of 5
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: (415) 977-8942
Facsimile: (415) 744-0134
E-Mail: allison.cheung@ssa.gov
7
Attorneys for Defendant
4
5
8
9
10
UNITED STATES DISTRICT COURT
11
DISTRICT OF NEVADA
12
KEVIN YOUNG,
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-02255-VCF
UNOPPOSED MOTION FOR EXTENSION OF
TIME TO FILE CERTIFIED
ADMINISTRATIVE RECORD AND ANSWER;
DECLARATIONS OF JEBBY RASPUTNIS AND
CHRISTIANNE VOEGELE
(FIRST REQUEST)
Case 2:20-cv-02255-VCF Document 12 Filed 02/17/21 Page 2 of 5
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 March 1, 2021.
5
In light of the global COVID-19 pandemic, the Social Security Administration (“SSA” or the
6
“Agency”) has taken the unprecedented step of suspending in-office services to the public:
7
https://www.ssa.gov/coronavirus/. The Agency is focusing on providing the most critical services by
8
9
10
11
12
13
14
15
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
impacted operations in the Social Security Administration’s Office of Appellate Operations (OAO) in
Falls Church, Virginia. That office is responsible for physically producing the administrative record that
16
is required to adjudicate the case under Sections 205(g) and (h) of the Social Security Act, 42 U.S.C.
17
§ 405(g) and (h). See SSA Program Operations Manual System GN 03106.025, available at
18
https://secure.ssa.gov/apps10/poms.nsf/lnx/0203106025.
19
As detailed in the attached declarations, beginning March 16, 2020, OAO’s staff members began
20
to telework to protect employee health and prevent further spread of COVID-19. At that time, critical in-
21
person physical tasks associated with preparing the administrative record could not be accomplished. For
22
example, prior to the COVID-19 pandemic, to safeguard Personally Identifiable Information (PII), all
23
hearing recordings, which are part of the administrative record, were downloaded onto compact discs and
24
encrypted. OAO securely routed the encrypted discs to a private contractor through a daily pickup and
25
delivery service at the Official Duty Station (ODS) in Falls Church, Virginia. The private contractor
26
would transcribe the hearing recording and send the paper copy of the hearing transcript back to OAO.
Unopposed Mot. for Ext.; 2:20-cv-02255-VCF
1
Case 2:20-cv-02255-VCF Document 12 Filed 02/17/21 Page 3 of 5
1
OAO personnel would then scan the hearing transcript into the electronic record or place the hearing
2
transcript in the paper case file. Thereafter, OAO personnel would assemble the administrative record in
3
a prescribed order.
To ensure a continuity of operations, OAO has been actively pursuing mitigation efforts to allow
4
5
the remote preparation of administrative records. For cases in which the private contractors were already
6
in possession of hearing recordings for transcription, with the assistance of the Office of Acquisitions and
7
Grants (OAG), OAO received approval to receive these transcripts from the private contractors via
8
9
10
11
12
13
14
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.
15
Given the volume of pending cases, Defendant requests an extension in which to respond to the
16
Complaint until April 30, 2021. If in sixty days the CAR is not prepared, the Commissioner will file a
17
status report with the Court as to when he expects the CAR to be completed.
18
19
On February 17, 2021, the undersigned conferred with Plaintiff’s counsel, who has no opposition
to the requested extension.
20
It is therefore respectfully requested that Defendant be granted an extension of time to file the CAR
21
and answer to Plaintiff’s Complaint, through and including April 30, 2021.
22
//
23
//
24
//
25
//
26
//
Unopposed Mot. for Ext.; 2:20-cv-02255-VCF
2
Case 2:20-cv-02255-VCF Document 12 Filed 02/17/21 Page 4 of 5
1
Dated: February 17, 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
2-17-2021
DATED: ___________________________
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Unopposed Mot. for Ext.; 2:20-cv-02255-VCF
3
Case 2:20-cv-02255-VCF Document 11 Filed 02/17/21 Page 5 of 5
12
1
2
3
4
5
6
CERTIFICATE OF SERVICE
I, the undersigned, am a citizen of the United States and am at least eighteen years of age. My
business address is 160 Spear Street, Suite 800, San Francisco, California 94105. I am not a party to the
above-entitled action. On the date set forth below, I caused service of UNOPPOSED MOTION FOR
EXTENSION OF TIME TO FILE CERTIFIED ADMINISTRATIVE RECORD AND ANSWER;
DECLARATIONS OF JEBBY RASPUTNIS AND CHRISTIANNE VOEGELE on the following
7
parties by electronically filing the foregoing with the Clerk of the District Court using its ECF System,
8
which provides electronic notice of the filing:
9
10
11
12
13
14
15
16
Marc Kalagian
marc.kalagian@rksslaw.com
Attorney for Plaintiff
Gerald Welt
gmwesq@weltlaw.com
Attorney for Plaintiff
I declare under penalty of perjury that the foregoing is true and correct.
Dated: February 17, 2021
17
/s/ Allison J. Cheung
ALLISON J. CHEUNG
Special Assistant United States Attorney
18
19
20
21
22
23
24
25
26
Unopposed Mot. for Ext.; 2:20-cv-02255-VCF
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?