(SS) Nardone v. Commissioner of Social Security

Good Law
United States District Court, Eastern District of CaliforniaNovember 3, 20221:21-cv-01444California4,799 words

Opinion

Trial Court Opinion

I. INTRODUCTION

19 On September 28, 2021, Plaintiff Georgina Nardone (“Plaintiff”), on behalf of her minor child I.F., filed a complaint under 42 U.S.C. § 1383(c) seeking judicial review of a final decision of the Commissioner of Social Security (the “Commissioner” or “Defendant”) denying her application for Supplemental Security Income (SSI) under the Social Security Act (the “Act”). (Doc. 1.) The matter was referred to a United States Magistrate Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and Local Rule 302.

1 On July 9, 2021, Kilolo Kijakazi was named Acting Commissioner of the Social Security Administration. See https://www.ssa.gov/history/commissioners.html. She is therefore substituted as the defendant in this action. 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 For the reasons set forth below, the undersigned recommends that Plaintiff’s motion for summary judgment be granted, that Defendant’s motion for summary judgment be denied, and that the action be remanded to the Acting Commissioner for further proceedings. …

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