Ortiz v. Commissioner of Social Security
1:24-cv-04258
| S.D.N.Y. | Jun 28, 2025Background
- Plaintiff Lorrain O. sought judicial review of the Social Security Commissioner’s denial of her Disability Insurance Benefits claim.
- The plaintiff proceeded pro se and filed her complaint on May 30, 2024.
- After the Commissioner opposed review and the plaintiff missed her reply deadline, the Court extended the time to reply, explicitly warning that failure could lead to dismissal.
- Plaintiff failed to appear for her administrative hearing and did not provide good cause for the absence.
- Plaintiff also failed to prosecute the federal case or respond to Court orders, leading the Court to address dismissal for both merits and lack of prosecution.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to appear at administrative hearing | Undisclosed/lacked good cause | Plaintiff did not show good cause for absence | Commissioner did not abuse discretion in denying claim |
| Failure to respond to court orders | No response | Plaintiff failed to prosecute or respond | Dismissal warranted for failure to prosecute |
| Substantial evidence supporting Commissioner’s findings | N/A | Commissioner's findings based on evidence | Findings supported by substantial evidence |
| Right to further judicial review | Pro se status | Court procedures and rules must be followed | Case dismissed; judgment for Commissioner |
Key Cases Cited
(No cases with official reporter citations were included in the opinion text. All authorities cited were by Westlaw or district court dockets/opinions, so none are listed here.)