LAMPON-PAZ v. COMMISSIONER OF SOCIAL SECURITY

Filing 20

OPINION AND ORDER granting Plaintiff's 19 Letter request suspending the proceeding; This action is ADMINISTRATIVELY TERMINATED without prejudice to reopening should the hearing fail to occur within a reasonable time; The clerk shall close the file, etc. Signed by Judge Kevin McNulty on 02/16/2018. (ek)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

MANUEL LAMPON-PAZ,

Civ. No. 16-9537 (KM)

Plaintiff,

V.

OPINION & ORDER
COMMISSIONER OF SOCIAL SECURITY,

Defendant.

KEVIN MCNULTY. U.S.D.J.:

Mr. Manuel Lampon-Paz brought this, his second action requesting that
the court order “an immediate decision on my appeal” by the Social Security
Administration regarding his disability claims. (Compl. 2). The Commissioner of
Social Security sought to dismiss the claim, stating that this Court does not
have jurisdiction because Mr. Lampon-Paz has not exhausted his
administrative remedies and there has been no “final decision

...

after a

hearing” in this case as required by the Social Security Act, 42 U.S.C. § 405(g).
Because two years had gone by without the scheduling of a hearing, I ordered
the Administration to file a statement as to the status of the case.
Good thing I asked. It turned out that the proceedings had remained in
limbo because the SSA did not have Mr. Lampon-Paz’s current address. (ECF
nos. 14, 16) Apparently Mr. Lampon-Paz had not updated the address he gave
originally; he states that he believed, based on conversations, that he would be
contacted by email.

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Mr. Lampon-Paz has now submitted a “Request to Suspend Proceedings.”
(ECF no. 19) He states that jurisdiction of his case has been transferred from
California to New Jersey, where he now lives; that he has submitted additional
medical evidence; and that a hearing appears to be pending. See Exhibits
attached to Request, He asks that this district court case be suspended in
contemplation of dismissal when his administrative hearing takes place.
Accordingly, IT IS this 16th day of February, 2016
ORDERED that the motion (ECF no. 19) is GRANTED, and that this
action is ADMINISTRATIVELY TERMINATED without prejudice to reopening
should the hearing fail to occur within a reasonable time.
As before, no opinion is expressed as to the merits of the application for
benefits, as to which the SSA retains full authority and discretion.
The clerk shall close the file.

WN MCNULTY
United States District Jud

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