No. 18-5903

Rufus Jones v. Nancy A. Berryhill, Acting Commissioner of Social Security, et al.

Lower Court: Second Circuit
Docketed: 2018-09-06
Status: Denied
Type: IFP
Response WaivedRelisted (2)IFP
Tags: 42-usc-407 42-usc-423 5th-amendment constitutional-supremacy discrimination-protection due-process equality-act federal-jurisdiction garnishment judicial-conduct judicial-oath jurisdiction social-security social-security-benefits supremacy-clause title-ii
Key Terms:
SocialSecurity DueProcess FifthAmendment
Latest Conference: 2019-01-04 (distributed 2 times)
Question Presented (AI Summary)

Does Social Security claimants have the right to receive all back payments free from garnishments or attachments?

Question Presented (from Petition)

QUESTION(S) PRESENTED ; (1) Does Social Security claimants, pursuant to Title II 42 USC 423 entitled to be paid all back payments, free from garnishments or attachments by the County or the state except child support in reference to 42 USC 407 (a). (wage earner)? , (2) Does the state and County welfare departments have the legal writ to attach or garnish claimants Title II Social Security Benefits.? (3) Is all Judicial officers bound by oath to support and enforce the U.S. Constitution? : ; (4) Does the Court of Appeals, District Court have to Respect the Supremacy Clause pursuant to Article VI Section (2) of the U.S. Constitution? . ; (5) Do the Court of Appeals and The District Court," quoting Federal codes of conduct for U.S. Judges cannon 2(A); must respect and comply with the law , Federal law, Decisional law, court rules, and codes of federal regulations? : (6) Is approved Social Security Benefits a protected Characteristic against Discrimination in reference to the Equality Act of 2010? ; (7) Does violations of the Equality Act effects the entire Country? (8) Are Title II Social Security Benefits protected by the 5th Amendment . to the U.S. Constitution? See MATHEWS V. ELDRIDGE). (9) Does the District Court Retain Jurisdiction, after Federal Court Remand Pursuant to 42 USC 405 (g) Sentence (6)? page-IV

Docket Entries

2019-01-07
Rehearing DENIED.
2018-12-19
DISTRIBUTED for Conference of 1/4/2019.
2018-11-28
Petition for Rehearing filed.
2018-11-05
Petition DENIED.
2018-10-18
DISTRIBUTED for Conference of 11/2/2018.
2018-10-09
Waiver of right of respondent Nancy A. Berryhill, Deputy Commissioner, Social Security Administration to respond filed.
2018-07-31
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 9, 2018)

Attorneys

Nancy A. Berryhill, Deputy Commissioner, Social Security Administration
Noel J. FranciscoSolicitor General, Respondent
Noel J. FranciscoSolicitor General, Respondent
Rufus Jones
Rufus Jones — Petitioner
Rufus Jones — Petitioner