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Scott v. Commissioner of Social Security

United States District Court, N.D. West Virginia

February 12, 2019

PRECIOUS SHAVON SCOTT, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          MEMORANDUM OPINION AND ORDER DENYING PLAINTIFF'S MOTION TO AMEND COMPLAINT

          FREDERICK P. STAMP, JR. UNITED STATES DISTRICT JUDGE.

         I. Background

         The pro se plaintiff, Precious S. Scott (“Scott”), filed a complaint in this Court seeking “to obtain judicial review and or to have this matter reassigned to the West Virginia Administrative Law Judge [] for reconsideration of the final decision by the Commissioner of Social Security [] in the state of Louisiana.” ECF No. 1-1 at 1. In addition, plaintiff Scott filed a motion to remand, in which she reiterates the claims made in her initial complaint. ECF No. 7. Plaintiff Scott then filed a motion and memorandum to “amend her motion for remand.” ECF No. 26. In that motion (ECF No. 26), plaintiff Scott requests:

1. That Nancy A Berryhill, Acting Commissioner of Social Security surrenders the medical records obtained from both Claiborne Memorial Medical Center for ‘2013' located at 620 E College St. Homer, LA 71040 Phone: (318) 927-2024 and acknowledged [p]laintiff's onset of [s]econdary [p]rogressive [m]ultiple [s]clerosis as well as, the [m]edical records from Glenwood Regional Medical Center ‘2013' at 503 McMilan Rd. West Monroe, LA 71291 Phone: (318)329-4200 which indicates that she was falling.
2. The [p]laintiff, [p]rays that her pain and suffering for the time that she was denied benefits is reimbursed with compound interest.
3. Also reimbursement for the total period of time in which the plaintiff has been sanctioned with compound interest.
4. Plaintiff request relief from all court costs, fees and any other expenses incurred during litigation.
5. Plaintiff request reimbursement of expenses. Plaintiff had to relocate from Tucson, Az. to Monroe, LA., with family due to her benefits being sanctioned. She was homeless, because she could no longer afford to pay for housing, vitamin regimen, food, clothing and hygiene products.

Id. at 1. In addition, plaintiff Scott alleges that “she was never aware of a reevaluation process nor was she notified of any appointment to perform the process. It was [not] until a new Social Security employee asked why [p]laintiff continually signed waivers rather than applying for a new case; indicating the diagnoses of [m]ultiple [s]clerosis . . . Due to numerous representatives/supervisors neglecting to properly inform the [p]laintiff of the process/procedures the [p]laintiff signed waivers unnecessarily.” Id. at 2. Plaintiff Scott then sets forth the nature of the case and provides a statement of facts, and reiterates her requests for relief. Id. at 2-4.

         On January 30, 2019, defendant Nancy A. Berryhill (“Berryhill”), Acting Commissioner of Social Security, filed a response in opposition to plaintiff's motion to amend, wherein defendant Berryhill asserts that: (1) plaintiff improperly seeks to supplement the administrative record; (2) plaintiff improperly seeks payment for pain and suffering; (3) plaintiff improperly seeks payment for compound interest; (4) plaintiff improperly requests to proceed in forma pauperis; and (5) plaintiff improperly seeks reimbursement of expenses. ECF No. 30 at 1-5.

         Plaintiff Scott did not file a reply to defendant's response in opposition to plaintiff's motion to amend.

         For the reasons that follow, this Court denies plaintiff Scott's motion to amend complaint (ECF No. 26). To the extent all of plaintiff's claims are not allowable under law, they are denied as futile.

         II. Discussion

         A. Plaintiff Scott improperly seeks to supplement the ...


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