(SS) McElligott v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaJuly 7, 20222:18-cv-02331California1,326 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 KEVIN JOHN McELIGOTT, No. 2:18-cv-2331 DB Plaintiff, v. ORDER KILOLO KIJAKAZI, Acting Commissioner of Social Security,1 15 Defendant. 17 Plaintiff brought this action seeking judicial review of a final administrative decision denying an application for Disability Insurance Benefits under Title II of the Social Security Act.2 On March 3, 2020, the court granted plaintiff’s motion for summary judgment and remanded this matter for further proceedings. (ECF No. 24.) On remand plaintiff was awarded benefits. (ECF No. 29 at 3.) ////

25 1 After the filing of this action Kilolo Kijakazi was appointed Acting Commissioner of Social Security and has, therefore, been substituted as the defendant. See 42 U.S.C. § 405(g) (referring to the “Commissioner’s Answer”); 20 C.F.R. § 422.210(d) (“the person holding the Office of the Commissioner shall, in his official capacity, be the proper defendant”). 27 2 Both parties have previously consented…

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