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Gerard v. Commissioner of Social Security

United States District Court, D. New Jersey

May 17, 2019

MARK C. GERARD, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          ADRIENNE FREYA JARVIS ON BEHALF OF PLAINTIFF

          PATRICK EUGENE ROACH SOCIAL SECURITY ADMINISTRATION OFFICE OF THE GENERAL COUNSEL ON BEHALF OF DEFENDANT

          MEMORANDUM OPINION & ORDER TO SHOW CAUSE

          NOEL L. HILLMAN, U.S.D.J.

         WHEREAS, this matter comes before the Court pursuant to Section 205(g) of the Social Security Act, as amended, 42 U.S.C. § 405(g), regarding the denial of Plaintiff's application for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”) under Title II and Title XVI of the Social Security Act, 42 U.S.C. § 401, et seq.; and

         WHEREAS, on June 4, 2018, Plaintiff's counsel filed a motion to stay the proceedings so that Plaintiff's appellate rights would not be affected by Plaintiff's counsel's motion to withdraw as counsel, which she filed on the same date;[1] and

         WHEREAS, Plaintiff's counsel relates that on April 25, 2018, she received a letter from the Social Security Administration informing her that Plaintiff had revoked her appointment as his legal representative in a subsequent Social Security disability application;[2] and

         WHEREAS, Plaintiff's counsel further relates that she attempted to speak with Plaintiff regarding whether he intended to revoke her representation in this action, but he did not return her numerous emails or voicemail messages, and he did not respond to correspondence she sent to him in the mail, which was sent via certified mail with proof of service onto Plaintiff (Docket No. 18, 19); and

         WHEREAS, Plaintiff's counsel states that even if Plaintiff did not intend to terminate her representation in this matter, she must be relieved as counsel due to her inability to communicate with her client; and

         WHEREAS, to date, neither Plaintiff's counsel nor this Court has received any communication from Plaintiff regarding his Social Security appeal;[3]

         Consequently, IT IS on this 17th day of May, 2019

         ORDERED that within 20 days of today, Plaintiff shall show cause as to (1) whether he opposes the withdraw of his counsel; and (2) if he does not oppose the withdraw of his counsel, whether he intends to pursue his Social Security appeal with new counsel or on his own behalf pro se; and it is further

         ORDERED that Plaintiff's counsel shall serve this Order onto Plaintiff with proof of service within 5 days; and it is further

         ORDERED that if Plaintiff fails to respond: 1) Plaintiff's counsel's motion to withdraw shall be granted, 2) the Court will deem Plaintiff as proceeding pro se, and 3) the Court will issue a separate Order to Show Cause as to why the matter should ...


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