(SS) Rocha v. Commissioner of Social Security, 1:20-cv-00613-CDB

Rocha filed suit on April 29, 2020, appealing the denial of Social Security Disability Insurance and SSI benefits under 42 U.S.C. § 405(g) and § 1383(c)(3).
The case was reassigned on October 5, 2022; Rocha died on December 25, 2022.
Counsel filed a Suggestion of Death and a Motion to Substitute on March 20, 2023; the Commissioner filed a Statement of Non-Opposition.
The substitution motion was filed within 90 days of the suggestion of death, satisfying the Rule 25(a)(1) timeliness requirement.
The Social Security Act and implementing regulations permit payment of benefit underpayments to surviving persons, so the claim was not necessarily extinguished by Rocha’s death.
Phillip Anthony Rocha, the decedent’s spouse, provided marriage and death certificates and is the highest-priority recipient for any underpayment; the court granted substitution and ordered the clerk to add him and acknowledge his counsel.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Timeliness of substitution under Fed. R. Civ. P. 25(a)(1)	Motion filed within 90 days of suggestion of death	Non-opposition	Motion timely; substitution allowed
Whether Rocha's claims were extinguished by death	SSA and regs allow survivor payment; claim survives for underpayment recovery	Non-opposition	Claim not necessarily extinguished; survival recognized under SSA/regulations
Whether the proper party was offered for substitution	Phillip Rocha is surviving spouse, married at decedent's death, highest priority for underpayments	Non-opposition	Phillip substituted for Rocha as to potential underpayments; clerk to add him and counsel

Hilao v. Estate of Marcos, 103 F.3d 762 (9th Cir. 1996) (substituted party steps into same position as original party)
In re Baycol Prods. Litig., 616 F.3d 778 (8th Cir. 2010) (Rule 25(a) should be applied flexibly to permit substitution)