IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA

MARIA SMITH, : Plaintiff, : CIVIL ACTION : v. : No. 21-1226 : KILOLO KIJAKAZI,1 Acting, : Commissioner of Social Security, : Defendant. : :

ORDER

AND NOW, this 4th day of October, 2021, upon careful and independent consideration of the pleadings and record herein, after review of the Report and Recommendation of Richard A. Lloret, United States Magistrate Judge (ECF No. 14), it is hereby ORDERED: 1. The Report and Recommendation is APPROVED and ADOPTED; 2. Plaintiff’s Request for Review is GRANTED, and the matter is REMANDED in accordance with the fourth sentence of

(g) to the Commissioner of Social Security for further proceedings before a different, constitutionally appointed ALJ;

1 Kilolo Kijakazi became the Acting Commissioner of Social Security on July 9, 2021. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Kilolo Kijakazi should be substituted for Andrew Saul as Defendant. No further action need be taken to continue this suit by reason of the last sentence of 205(g) of the Social Security Act,

(g). 3. JUDGMENT IS ENTERED by separate document, filed contemporaneously. See Shalala v. Shaefer,

(1993);

Kadelski v. Sullivan,

(3d Cir. 1994); Fed. R. Civ. P. 58(a); 4. The Clerk of Court shall mark this case CLOSED for all purposes including statistics.

BY THE COURT:

/s/ Chad F. Kenney

CHAD F. KENNEY, JUDGE