Huckabee v. Commissioner of the Social Security Administration

Filing 27

ORDER of Dismisssal with prejudice. Signed by Honorable J Michelle Childs on 11/13/2013.(gnan )

IN THE UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH CAROLINA
FLORENCE DIVISION

THEODORE E. HUCKABEE,
Plaintiff,

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vs.
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CAROLYN W. COLVIN, acting
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Commissioner of the Social Security )
Administration,
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Defendant.
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)

Civil Action No. 4:13-cv-00614-JMC

ORDER OF DISMISSAL

This action is an appeal regarding a claim for disability benefits under the Supplemental
Security Income (SSI) program. According to information and an affidavit provided by Plaintiff’s
counsel, the Plaintiff died on August 22, 2013. Under the provisions of 20 CFR § 416.542(b)(1) and
§ 416.542(b)(4), which govern SSI benefits, past due benefits under this program can only be paid
to the spouse of the claimant. The affidavit provided by Plaintiff’s counsel shows that the claimant
left no spouse who would be eligible to receive his past due benefits.

The Plaintiff’s Counsel has moved to voluntarily dismiss and end this action, under FRCP
41(a)(2). The Defendant has informed this Court that it has no objection to such a dismissal.
This action is therefore DISMISSED and ended, with prejudice.

IT IS SO ORDERED.

United States District Judge

November 13, 2013
Greenville, South Carolina