Diaz v. Commissioner of Social Security, No. 1:2018cv08643 - Document 34 (S.D.N.Y. 2020)

Court Description: ORDER: The Court has received Plaintiff's letter dated October 11, 2020. See ECF No. 33. This case was closed following the entry of an Opinion and Order entered in Plaintiff Diaz's favor. See ECF No. 27. On April 8, 2020, the Court gra nted Plaintiff Diaz's motion for judgment on the pleadings and denied Defendant Commissioner's cross-motion for judgment on the pleadings. Id. Having found that the Administrative Law Judge failed to appropriately apply the treating phys ician rule, see 20 C.F.R. § 416.927(c)(2), the Court vacated the Administrative Law Judge's denial of benefits and remanded the case back to the Commissioner for a proper analysis. See ECF No. 27, at 26. Following the Courts decision in Plaintiff's favor, Plaintiff moved for an extension of time to file a notice of appeal to the United States Court of Appeals for the Second Circuit. ECF No. 29. Plaintiff then filed a Notice of Appeal on May 14, 2020. ECF No. 30. The Court has reviewed the docket in this matter, and notes that the United States Court of Appeals for the Second Circuit issued a Mandate on August 28, 2020, explaining that Plaintiff- Appellant Diaz's case was deemed to be in default because of her failure to submit a required form. ECF No. 31. With regard to the questions raised by Plaintiff Diaz's October 11, 2020 Letter that pertain to her appeal of her denial of Supplemental Security Income ("SSI"), Plaintiff is reminded that the case was remanded back to the Commissioner of Social Security. See ECF No. 27. To the extent that Plaintiff raises other issues in her letter that are not related to her SSI appeal, those issues are not before this Court. The Clerk of Cou rt is respectfully directed to mail a copy of this Order, as well as the Opinion and Order found at ECF No. 27, to the pro se Plaintiff. So Ordered. (Signed by Magistrate Judge Sarah Netburn on 11/17/2020) (js) Transmission to Docket Assistant Clerk for processing.