(SS) Vargas v. Commissioner of Social Security

OCR transcription for search; preserved printed pages are authoritative

1 || ERIC GRANT
> United States Attorney
MATHEW W. PILE, WSBN 32245
3, || Head of Program Litigation 1
Oscar Gonzalez de Llano
4 || Special Assistant United States Attorney
Social Security Administration
5 Program Litigation 1
Law & Policy
6 6401 Security Boulevard
Baltimore, MD 21235
7 Telephone: (510) 970-4818
Email: Oscar.Gonzalez@ssa.gov
8 || Attorneys for Defendant
9
UNITED STATES DISTRICT COURT
10
EASTERN DISTRICT OF CALIFORNIA
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MIGUEL ANGEL VARGAS, ) Civil No. 2:25-cv-02506-WBS-AC
12 _ )
3 Plaintiff, STIPULATION AND [PROPOSED]
v. ) ORDER FOR EXTENSION OF TIME
14 ) TO RESPOND TO PLAINTIFF’S
5 || COMMISSIONER OF SOCIAL SECURITY, COMPLAINT
16 Defendant.
)
17 )
18 The parties stipulate through counsel that Defendant, the Commissioner of Social Security (the
19 ||““Commissioner”), shall have an extension of time to respond to Plaintiff's Complaint in this case. In
20 || support of this request, the Commissioner respectfully states as follows:
21 1. Defendant’s response to Plaintiff's Complaint is due currently November 3, 2025.
22 |! Defendant has not previously requested an extension of this deadline.
23 2. At the end of the day on September 30, 2025, the appropriations that have been funding
24 the Department of Justice expired and appropriations to the Department lapsed. The same is true for most
25 Executive agencies, including federal defendant Social Security Administration (SSA). It is not clear
26 when funding will be restored by Congress.
27 3. In the absence of either a Fiscal Year 2026 appropriation or a continuing resolution to
28 continue the ongoing operations of the Social Security Administration (SSA), no further financial

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obligations may be incurred by SSA, except for that work which, as defined by law, is excepted from the
limitations of Anti-Deficiency Act (ADA). See 31 U.S.C. §§ 1341–1342.
4. 	Effective Monday, October 20, 2025, the Social Security Administration has determined
that undersigned counsel and colleagues within his office may perform work on Social Security cases
arising under 42 U.S.C. § 405(g) during the current lapse in appropriations as excepted work.
5. 	Although the undersigned counsel is permitted to work on Social Security cases arising
under 42 U.S.C. § 405(g) as of October 20, 2025, undesigned counsel has many pressing deadlines
resulting from the lapse in funding. Furthermore, we currently do not have staff available to perform the
filing of the eCARs.
6. 	Given this situation Defendant requests an extension of 30 days to respond to Plaintiff’s
Complaint.
7. 	Counsel for the Commissioner has consulted with Plaintiff’s counsel who advised that
they have no objections.
8. 	This request is made in good faith and is not intended to delay the proceedings in this
matter.
WHEREFORE, Defendant requests until December 3, 2025, respond to Plaintiff’s Complaint.
` 	Respectfully submitted,
Date: October 28, 2025 	By: 	s/ Jonathan Omar Pena
Jonathan Omar Pena
Pena and Bromberg, PC
Attorney for Plaintiff
(*as authorized by email)
Date: October 28, 2025 	ERIC GRANT
United States Attorney
MATHEW W. PILE
Head of Program Litigation 1
By: 	/s/ Oscar Gonzalez de Llano
OSCAR GONZALEZ de LLANO
Special Assistant United States Attorney
Attorneys for Defendant

ORDER APPROVED AND SO ORDERED
DATED: October 28, 2025
alcon Clare
ALLISON CLAIRE UNITED STATES MAGISTRATE JUDGE
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