Thomas O. Farrish
How Judge Farrish decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
636(c) consent Social-Security review: applies the Second Circuit's deferential substantial-evidence standard; declines to remand solely for calculation of benefits absent conclusive proof of total disability, and treats sentence-four remand for further proceedings as the default when the ALJ erred.
“a remand solely for the calculation of benefits is an extraordinary action ... reserved for cases where the record conclusively establishes both a total disability and an inability to work.”
Procedural preferences
Discovery (referral): rigorous Rule 26 proportionality gatekeeping; requires an affidavit/proof to resist on undue-burden grounds; denies overbroad and 'discovery about discovery' requests, often without prejudice to narrowly-tailored renewal. Per his chambers practices, he treats a timely, carefully-considered Rule 26(f) report as critical and does not allow letter briefs or unauthorized sur-replies.
“Fed. R. Civ. P. 26(b)(1) does not allow a party to roam in the shadow zones of relevancy and to explore matter which does not presently appear germane on the theory that it might conceivably become so”
On an out-of-time Rule 16 motion to modify the scheduling order, he treats the movant's diligence as the primary consideration: a profound failure to use a year-long discovery window is not cured by the leniency of Rule 15 or by the opponent's only moderate prejudice, and the motion is denied.
“a profound failure of diligence weighs heavily against such a motion, and moderate prejudice is not enough to tip the scales in its favor.”
Cautions
Prisoner IFP (referral R&R): scrutinizes the six-month spending record; voluntary commissary/entertainment spending that drops the balance below the fee defeats IFP, especially where outside deposits show a next-friend resource.
“While Mr. Manson does not currently have the $405.00 filing fee in his account, this is the result of his own voluntary spending decisions.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The Plaintiff's Motion to Reverse or Remand the Commissioner's Decision (ECF No. 17) is therefore DENIED”
“the Defendant's Motion for an Order Affirming the Decision of the Commissioner (ECF No. 23) is GRANTED.”
“the Commissioner's Motion for Entry of Judgment Under Sentence Four of 42 U.S.C. § 405(g) With Reversal and Remand of the Cause to the Defendant (ECF No. 14) is GRANTED.”
“The Plaintiff's Motion for an Order Reversing the Commissioner's Decision (ECF No. 12) is DENIED to the extent that it seeks an order remanding for calculation of benefits, and DENIED AS MOOT to the extent that it seeks an order remanding for a rehearing”
“the Plaintiffs' motion is granted in part and denied in part.”
“I recommend that Judge Shea deny the plaintiff's motion for leave to proceed in forma pauperis.”
“the Plaintiff's motion to reverse with an order for an award and calculation of benefits is DENIED, but her alternative motion to reverse and remand for a new hearing is GRANTED. The Commissioner's motion to affirm is DENIED. The Commissioner's decision is VACATED and REMANDED for proceedings consistent with this decision.”
“The Commissioner's motion to affirm is DENIED. The Commissioner's decision is VACATED and REMANDED for proceedings consistent with this decision.”
“the Plaintiff's motion to reverse with an order for an award and calculation of benefits is DENIED, but his alternative motion to reverse and remand for a new hearing is GRANTED. The Commissioner's motion for entry of judgment is DENIED. The Commissioner's decision is VACATED and REMANDED for further proceedings consistent with this decision.”
“The Commissioner's motion for entry of judgment is DENIED. The Commissioner's decision is VACATED and REMANDED for further proceedings consistent with this decision.”
“the Plaintiff's motion to reverse with an order for an award and calculation of benefits is DENIED, but her alternative motion to reverse and remand for a new hearing is GRANTED. The Defendant's motion to affirm is DENIED. The Commissioner's decision is VACATED and REMANDED for proceedings consistent with this decision.”
“The Defendant's motion to affirm is DENIED. The Commissioner's decision is VACATED and REMANDED for proceedings consistent with this decision.”
“ORDER granting in part and denying in part 28 Motion to Reverse the Decision of the Commissioner; denying 33 Motion to Affirm the Decision of the Commissioner. Signed by Judge Thomas O. Farrish on 11/30/2020.”
“the Plaintiff's motion to reverse with an order for an award and calculation of benefits is DENIED, but her alternative motion to reverse and remand for a new hearing is GRANTED. The Commissioner's motion to affirm is DENIED. The Commissioner's decision is VACATED and REMANDED for proceedings consistent with this decision.”
“The Commissioner's motion to affirm is DENIED. The Commissioner's decision is VACATED and REMANDED for proceedings consistent with this decision.”
“the Defendant's Motion for an Order Affirming the Commissioner's Decision is GRANTED, and the Plaintiff's Motion to Reverse the Decision of the Commissioner is DENIED.”
“the Plaintiff's motion to reverse the decision of the Commissioner is DENIED, and the Commissioner's motion to affirm is GRANTED.”
“ORDER denying 22 Motion to Reverse the Decision of the Commissioner; granting 25 Motion to Affirm the Decision of the Commissioner. Signed by Judge Thomas O. Farrish on 7/27/22.”
Caseload & timing
From public federal docket records for this judge.
His docket includes consent Social Security appeals in which he enters final judgment, along with referred discovery, prisoner, and other dispositive matters for district judges.
Put Judge Farrish's record to work
Ezel drafts and answers grounded in this exact profile: how Judge Farrish actually rules, not a generic AI guess.
Opens in Ezel Pro. Every answer is grounded in Judge Farrish's own signed orders and cites them.