Fox v. Kijakazi ( 2023 )

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF NEW YORK LEE F., Plaintiff, v. Civil Action No. 3:20-CV-1272 (DEP) KILOLO KIJAKAZI, Acting Commissioner of the Social Security Administration,1 Defendant. APPEARANCES: OF COUNSEL: FOR PLAINTIFF LACHMAN, GORTON LAW FIRM PETER A. GORTON, ESQ. P.O. Box 89 1500 East Main Street Endicott, NY 13761-0089 FOR DEFENDANT SOCIAL SECURITY ADMIN. NATASHA OELTJEN, ESQ. Office of the General Counsel 6401 Security Boulevard Baltimore, MD 21235 1 Plaintiff’s complaint named Andrew M. Saul, in his official capacity as the Commissioner of Social Security, as the defendant. On July 12, 2021, Kilolo Kijakazi took office as the Acting Social Security Commissioner. She has therefore been substituted as the named defendant in this matter pursuant to Rule 25(d)(1) of the Federal Rules of Civil Procedure, and no further action is required in order to effectuate this change. See 42 U.S.C. § 405(g). DAVID E. PEEBLES U.S. MAGISTRATE JUDGE DECISION AND ORDER2 Plaintiff commenced this action, pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3), to challenge a denial by the Commissioner of Social Security (“Commissioner”) denying his application for Social Security disability benefits. On March 24, 2022, this court ordered that the Commissioner’s decision be affirmed and plaintiff’s complaint be dismissed, and judgment was entered accordingly. Following an appeal from the judgment, a panel of the Second Circuit Court of Appeals vacated this court’s judgment and returned the matter to this court with an instruction to remand the matter to the Commissioner for further administrative proceedings. Fox v. Kijakazi, 22-793, 2023 WL 124861 (2d Cir. Jan. 4, 2023). Based upon that court’s determination, it is hereby ORDERED that the judgment of this court (Dkt. No. 25) is VACATED, and the matter is REMANDED to the Commissioner for further proceedings; and it is further respectfully ORDERED that the clerk enter judgment consistent with this opinion. 2 This matter is before me based upon consent of the parties, pursuant to 28 U.S.C. § 636(c). Dated: March 1, 2023 ________________________ Syracuse, NY DAVID E. PEEBLES U.S. Magistrate Judge