Ortiz v. Commissioner of Social Security
1:24-cv-04258
| S.D.N.Y. | Jun 28, 2025Background
- Plaintiff Lorrain O. filed a pro se complaint challenging the Commissioner of Social Security’s denial of Disability Insurance Benefits.
- The parties consented to Magistrate Judge jurisdiction in June 2024.
- The Commissioner filed a brief opposing review on February 7, 2025; Plaintiff did not reply by the deadline, nor after an extension was granted.
- The Court explicitly warned Plaintiff that failure to submit a reply brief could result in dismissal for failure to prosecute.
- Plaintiff failed to appear for her administrative hearing and did not provide good cause for her absence.
- The Court dismissed the case, affirming the Commissioner’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to appear at administrative hearing | Plaintiff did not submit any argument or explanation. | Commissioner argued Plaintiff failed to attend the hearing without good cause, supporting denial. | No abuse of discretion; Commissioner’s decision affirmed. |
| Good cause for failure to appear | No brief or justification presented. | Commissioner stated Plaintiff did not meet the burden to show good cause. | Court found no good cause shown. |
| Judicial review of benefits denial | Plaintiff sought review (no supporting brief filed). | Commissioner argued denial was justified by substantial evidence. | Judicial review denied; denial of benefits affirmed. |
| Failure to prosecute | No response to Court orders or deadlines. | Commissioner moved for dismissal due to Plaintiff’s inactivity. | Dismissal for failure to prosecute granted. |
Key Cases Cited
- None with reporter citations; all cited authorities are via Westlaw or similar services and are not listed per instructions.
