(SS) Johnson v. Commissioner of Social Security

I. BACKGROUND

22 On September 17, 2021, Plaintiff’s counsel filed a notice that Plaintiff died on August 16, 23 2021. (ECF No. 7.) Plaintiff’s counsel served the motion on the Commissioner by U.S. Mail on 24 September 22, 2021. (ECF No. 9.) On September 28, 2021, Plaintiff’s counsel filed a motion 25 seeking to substitute Plaintiff’s mother, Tonya Arrasmith, as the plaintiff in this action pursuant to 26 Federal Rule of Civil Procedure 25(a). (ECF No. 10.) On November 5, 2021, the Court entered an 27 order granting Ms. Arrasmith leave to file supplemental briefing addressing whether Plaintiff’s 28 claims are extinguished and whether Ms. Arrasmith is the proper party to be substituted. (ECF No. 13.) On December 6, 2021, Ms. Arrasmith filed her supplemental brief, along with a proof of service on the Commissioner by U.S. Mail . (ECF Nos. 14, 15.) II. LEGAL STANDARDS Rule 25(a)(1) provides:

If a party dies and the claim is not extinguished, the court may order substitution of the proper party. A motion for substitution may be made by any party or by the decedent’s successor or representative. If the motion is not made within 90 days after…