Opinion
20 C 4035
01-26-2022
DUANNE CARODINE, Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant.[1]
JOHN R. LAUSCH, JR. United States Attorney ERNEST Y. LING Assistant United States Attorney KATHRYN CALDWELL Regional Chief Counsel Social Security Administration JOHN CHADWICK Assistant Regional Counsel
JOHN R. LAUSCH, JR. United States Attorney ERNEST Y. LING Assistant United States Attorney
KATHRYN CALDWELL Regional Chief Counsel Social Security Administration JOHN CHADWICK Assistant Regional Counsel
DEFENDANT'S AGREED MOTION FOR ENTRY OF JUDGMENT AND DISMISSAL WITH PREJUDICE
Weisman Magistrate Judge
Defendant Kilolo Kijakazi, Acting Commissioner of Social Security, by John R. Lausch, Jr., United States Attorney for the Northern District of Illinois, moves for entry of judgment, and in support states as follows:
1. On August 19, 2020, the court ordered that this case be remanded for further administrative proceedings pursuant to the sixth sentence of 42 U.S.C. § 405(g) so that the record could be corrected by removing erroneously included evidence.
2. Although the case was closed administratively on the court's docket, the court retained jurisdiction over the action. See Shalala v. Schaefer, 509 U.S. 292, 297 (1993).
3. Upon remand, on November 22, 2021, the Social Security Administration found plaintiff had been disabled under the Social Security Act since June 30, 2013 and awarded him Supplemental Security Income benefits (see attached decision).
4. The time has expired for plaintiff to file exceptions to the ALJ's decision and for the Appeals Council to review the case on its own motion. 20 C.F.R. § 416.1484. The case, therefore, is concluded.
5. Plaintiff's counsel David B. Goetz agreed to this motion in an email dated January 25, 2022.
WHEREFORE, defendant requests that the court affirm the Commissioner's decision on remand and enter judgment dismissing the case with prejudice.