Papaleo v. Saul

Filing 20

MOTION by Defendant Andrew M. Saul for judgment DEFENDANT'S AGREED MOTION FOR AFFIRMANCE OF AGENCY DECISION FOLLOWING REMAND AND ENTRY OF FINAL JUDGMENT (Attachments: # 1 Exhibit)(Winston, Paraisia)

Case: 1:21-cv-02682 Document #: 20 Filed: 05/18/23 Page 1 of 4 PageID #:40

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
ANTHONY PAPALEO,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

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No. 21 C 2682
Magistrate Judge Finnegan

DEFENDANT’S AGREED MOTION FOR AFFIRMANCE OF
AGENCY DECISION FOLLOWING REMAND AND ENTRY OF FINAL JUDGMENT
Defendant, Kilolo Kijakazi, Acting Commissioner of Social Security, by and through her
undersigned attorneys, with plaintiff’s agreement, hereby moves this court for entry of an order
affirming the final decision of the Commissioner that plaintiff met the disability requirements
under the Social Security Act since November 1, 2015. Defendant also moves this court, with
plaintiff’s agreement, for entry of final judgment pursuant to Federal Rule of Civil Procedure 58.
Respectfully submitted,
MORRIS PASQUAL
Acting United States Attorney
By: s/Paraisia Winston Gray
PARAISIA WINSTON GRAY
Assistant United States Attorney
219 South Dearborn Street
Chicago, Illinois 60604
[phone]
[e-mail]

Case: 1:21-cv-02682 Document #: 20 Filed: 05/18/23 Page 2 of 4 PageID #:41

Of Counsel:
MONA AHMED
Associate General Counsel
Office of Program Litigation, Office 6
CYNTHIA A. FREBURG
Attorney
Office of Program Litigation, Office 6
Office of the General Counsel
Social Security Administration
600 West Madison Street, 6th Floor
Chicago, IL 60661-2474
[phone]
[e-mail]

Case: 1:21-cv-02682 Document #: 20 Filed: 05/18/23 Page 3 of 4 PageID #:42

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
ANTHONY PAPALEO,
Plaintiff,
v.
KILOLO KIJAKAZI,
Acting Commissioner of Social Security,
Defendant.

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)
)
)
)
)
)
)
)
)

No. 21 C 2682
Magistrate Judge Finnegan

DEFENDANT’S MEMORANDUM IN SUPPORT OF
IN SUPPORT OF AGREED MOTION FOR AFFIRMANCE OF AGENCY
DECISION FOLLOWING REMAND AND ENTRY OF FINAL JUDGMENT
Plaintiff filed an appeal of an adverse decision of the Commissioner of Social Security in
May 2021. Dkt. #1. After an agreed motion remand by the parties due to irregularities in the
hearing recording process, this court issued an order remanding the case pursuant to the sixth
sentence of 42 U.S.C. § 405(g). Dkt. ## 17, 18. Although the case was closed administratively
on the court’s docket, the court retained jurisdiction over the action. In sentence six remands, the
court enters judgment after post-remand agency proceedings have been completed and their results
filed with the court. Shalala v. Schaefer, 509 U.S. 292, 297 (1993). On March 6, 2023, an
administrative law judge (ALJ) acting pursuant to this court’s remand order, issued a fully
favorable decision, finding that plaintiff was disabled within the meaning of the Social Security
Act since November 1, 2015 (attached). The sixty days for plaintiff to file exceptions to the ALJ’s
decision or for the Appeals Council to review the case on its own motion has expired, thus making
the ALJ’s decision the final decision of the Commissioner after remand. 20 C.F.R. § 404.984.
The case, therefore, is concluded and, with plaintiff’s agreement, this court should affirm the
Commissioner’s final decision on remand and enter judgment in plaintiff’s favor.

Case: 1:21-cv-02682 Document #: 20 Filed: 05/18/23 Page 4 of 4 PageID #:43

Respectfully Submitted,
MORRIS PASQUAL
Acting United States Attorney
By: s/Paraisia Winston Gray
PARAISIA WINSTON GRAY
Assistant United States Attorney
219 South Dearborn Street
Chicago, Illinois 60604
[phone]
[e-mail]
Of Counsel:
MONA AHMED
Associate General Counsel
Office of Program Litigation, Office 6
CYNTHIA A. FREBURG
Attorney
Office of Program Litigation, Office 6
Office of the General Counsel
Social Security Administration
600 West Madison Street, 6th Floor
Chicago, IL 60661-2474
[phone]
[e-mail]