GARCIA-SIERRA v. KIJAKAZI

E.D. Pennsylvania

GARCIA-SIERRA v. KIJAKAZI

DecidedJanuary 5, 2023

Docket2:21-cv-00458

StatusUnknown

This text of GARCIA-SIERRA v. KIJAKAZI (GARCIA-SIERRA v. KIJAKAZI) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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GARCIA-SIERRA v. KIJAKAZI, (E.D. Pa. 2023).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CARMEN GARCIA-SIERRA, : Plaintiff, : : v. : NO. 21-CV-00458-RAL : KILOLO KIJAKAZI, Acting : Commissioner of Social Security,1 : Defendant. O R D E R AND NOW this 5th day of January 2023, upon consideration of the parties’ submissions, it is ORDERED that: 1. Plaintiff’s Request for Review (Doc. No. 102) is GRANTED, and the matter is REMANDED in accordance with the fourth sentence of 42 U.S.C. § 405(g) to the Commissioner of Social Security for further proceedings consistent with the Memorandum Opinion filed contemporaneously with this Order; 2. JUDGMENT IS ENTERED 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). 3. The Clerk of Court shall mark this case CLOSED for all purposes including statistics.

_s/ Richard A. Lloret ________ HON. RICHARD A. LLORET United States Magistrate Judge

1 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, Kilolo Kijakazi should be substituted for Andrew Saul as Defendant. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

CARMEN GARCIA-SIERRA, : Plaintiff, : : v. : NO. 21-CV-00458-RAL : KILOLO KIJAKAZI, Acting : Commissioner of Social Security,1 : Defendant. O R D E R AND NOW this 5th day of January 2023, upon consideration of the parties’ submissions, it is ORDERED that: 1. Plaintiff’s Request for Review (Doc. No. 102) is GRANTED, and the matter is REMANDED in accordance with the fourth sentence of 42 U.S.C. § 405(g) to the Commissioner of Social Security for further proceedings consistent with the Memorandum Opinion filed contemporaneously with this Order; 2. JUDGMENT IS ENTERED 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). 3. The Clerk of Court shall mark this case CLOSED for all purposes including statistics.

_s/ Richard A. Lloret ________ HON. RICHARD A. LLORET United States Magistrate Judge

1 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, Kilolo Kijakazi should be substituted for Andrew Saul as Defendant. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g).

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