SILVER v. KIJAKAZI, No. 2:2021cv01918 - Document 24 (E.D. Pa. 2024)
Court Description: MEMORANDUM OPINION ORDER THAT PLAINTIFFS COMPLAINT (DOC. NO. 1) AND BRIEF IN SUPPORT (DOC. NO. 12) ARE DENIED AND THE ARGUMENTS OF THE ACTING COMMISSIONER AS SET FORTH IN THE DEFENDANTS RESPONSE TO REQUEST FOR REVIEW OF PLAINTIFF (DOC. NO. 17) ARE AD OPTED AS ADDRESSED IN THE MEMORANDUM OPINION. JUDGMENT IS ENTERED IN FAVOR OF THE ACTING COMMISSIONER OF SOCIAL SECURITY, KILOLO KIJAKAZI, BY SEPARATE DOCUMENT FILED CONTEMPORANEOUSLY. THE CLERK OF COURT SHALL MARK THIS CASE CLOSED FOR ALL PURPOSES INCLUDING STATISTICS. SIGNED BY MAGISTRATE JUDGE RICHARD A. LLORET ON 1/3/24. 1/4/24 ENTERED AND COPIES E-MAILED.(amas)
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SILVER v. KIJAKAZI Doc. 24 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA ALLYSON LEIGH SILVER Plaintiff, v. KILOLO KIJAKAZI,1 Acting Commissioner of Social Security Defendant. : : : : : : : : : : CIVIL ACTION No. 21-cv-01918-RAL ORDER AND NOW this 3rd day of January 2024, upon consideration of the parties’ submissions, it is ORDERED that: 1. Plaintiff’s Complaint (Doc. No. 1) and Brief in support (Doc. No. 12) are DENIED and the arguments of the Acting Commissioner as set forth in the Defendant’s Response to Request for Review of Plaintiff (Doc. No. 17) are adopted as addressed in the Memorandum Opinion; 2. JUDGMENT IS ENTERED in favor of the Acting Commissioner of Social Security, KILOLO KIJAKAZI, by separate document filed contemporaneously. See Shalala v. Schaefer, 509 U.S. 292, 303 (1993); Kadelski v. Sullivan, 30 F.3d 399, 402 (3d Cir. 1994); Fed. R. Civ. P. 58(a); and Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Ms. Kijakazi should be substituted for the former Commissioner of Social Security, Andrew Saul, as the defendant in this action. No further action need be taken to continue this suit pursuant to section 205(g) of the Social Security Act. 42 U.S.C. § 405(g). (Social Security disability actions “survive notwithstanding any change in the person occupying the office of Commissioner of Social Security or any vacancy in such office”). 1 Dockets.Justia.com 3. The Clerk of Court shall mark this case CLOSED for all purposes including statistics. BY THE COURT: s/Richard A. Lloret________ RICHARD A. LLORET U.S. Magistrate Judge
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