Ramos v. Saul

Filing 16

ORDER (memorandum filed previously as separate docket entry) - IT IS ORDERED that the Commissioners decision is VACATED and the case is REMANDED to the Commissioner pursuant to 42 U.S.C. § 405(g) for further proceedings consistent with the Memorandum Opinion and this Order. After entering judgment in favor of Lopez and against the Commissioner as set forth in the prior sentence, the Clerk of Court shall close this case. Signed by Magistrate Judge Susan E. Schwab on July 29, 2022. (kjn)

UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
WENDY BANDALA RAMOS,
Plaintiff,
v.
KILOLO KIJAKAZI,1
Acting Commissioner of
Social Security,
Defendant.

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CIVIL NO.: 1:20-CV-02415
(Magistrate Judge Schwab)

ORDER
July 29, 2022
For the reasons set forth in the Memorandum Opinion filed concurrently
with this Order, IT IS ORDERED that the Commissioner’s decision is
VACATED and the case is REMANDED to the Commissioner pursuant to 42
U.S.C. § 405(g) for further proceedings consistent with the Memorandum Opinion
and this Order. After entering judgment in favor of Lopez and against the

Kilolo Kijakazi is now the Commissioner of Social Security, and she is
automatically substituted as the defendant in this action. See Fed. R. Civ. P. 25(d)
(providing that when a public officer sued in his or her official capacity ceases to
hold office while an action is pending, “[t]he officer’s successor is automatically
substituted as a party”); 42 U.S.C. § 405(g) (“Any action instituted in accordance
with this subsection shall survive notwithstanding any change in the person
occupying the office of Commissioner of Social Security or any vacancy in such
office.”).
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Commissioner as set forth in the prior sentence, the Clerk of Court shall close this
case.

S/Susan E. Schwab
Susan E. Schwab
United States Magistrate Judge