UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION

DUANNE CARODINE, ) ) Plaintiff, ) ) No. 20 C 4035 v. )

) Magistrate Judge Weisman KILOLO KIJAKAZI, Acting Commissioner ) of Social Security, ) ) Defendant.1 )

DEFENDANT’S AGREED MOTION FOR ENTRY OF JUDGMENT AND DISMISSAL WITH PREJUDICE

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

(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,

(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).

1 Kilolo Kijakazi is now the Commissioner of Social Security and is automatically substituted as a party pursuant to Fed. R. Civ. P. 25(d). See also section 205(g) of the Social Security Act, 42 USC 405(g) (action survives regardless of any change in the person occupying the office of Commissioner of Social Security). 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.

. 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. Respectfully submitted, JOHN R. LAUSCH, JR. United States Attorney

By: s/ Ernest Y. Ling ERNEST Y. LING Assistant United States Attorney 219 South Dearborn Street Chicago, Illinois 60604 (312) 353-5870 [email protected]

Of Counsel:

KATHRYN CALDWELL Regional Chief Counsel Social Security Administration

JOHN CHADWICK Assistant Regional Counsel Office of the Regional Chief Counsel 600 West Madison Street, 6th Floor Chicago, Illinois 60661-2474