MCGLINCHY v. KIJAKAZI

Opinion

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

THOMAS MCGLINCHY, o/b/o : MELANIE KOZAK, deceased : : Plaintiff, : CIVIL ACTION : v. : MARTIN O’MALLEY,1 : :

No. 22-cv-00412-RAL Commissioner of Social Security :

Defendant

O R D E R AND NOW this 30th day of May 2024, upon consideration of the Parties’ submissions, it is ORDERED that: 1. Plaintiff’s Brief and Statement of Issues in Support of Request for Review (Doc. No. 6) 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).

1 Martin O’Malley became the Commissioner of Social Security on December 20, 2023. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Martin O’Malley should be substituted for Kilolo Kijakazi 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). 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