Broyles v. O'Malley

Full title: THOMAS FREDERICK BROYLES, Plaintiff, v. MARTIN O'MALLEY, Commissioner of…

Court: United States District Court, N.D. New York

Date published: Nov 18, 2024

5:24-CV-00890 (GTS/CFH) (N.D.N.Y. Nov. 18, 2024)

Opinion

5:24-CV-00890 (GTS/CFH)

11-18-2024

THOMAS FREDERICK BROYLES, Plaintiff, v. MARTIN O'MALLEY, Commissioner of Social Security, Defendant.

CARLA B. FREEDMAN United States Attorney Vernon Norwood Special Assistant U.S. Attorney HILLER COMERFORD INJURY & DISABILITY LAW Attorney for Plaintiff Justin M. Goldstein, Esq.

Glenn T Suddaby U.S. District Judge

CARLA B. FREEDMAN United States Attorney Vernon Norwood Special Assistant U.S. Attorney

HILLER COMERFORD INJURY & DISABILITY LAW Attorney for Plaintiff Justin M. Goldstein, Esq.

STIPULATION FOR REMAND

Glenn T Suddaby U.S. District Judge

IT IS HEREBY STIPULATED AND AGREED by and between Vernon Norwood, Special Assistant United States Attorney, for Carla B. Freedman, United States Attorney for the Northern District of New York, attorneys for the Defendant herein, and Justin M. Goldstein, Esq., attorney for Plaintiff, that the unfavorable portion of the Commissioner's final decision (i.e., the period prior to September 11, 2023) be reversed and the above-captioned action be remanded to the Commissioner of Social Security for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). Upon remand, the ALJ shall offer Plaintiff an opportunity for a new hearing, take any action necessary to complete the administrative record, and issue a new decision. The Clerk is directed to enter judgment. See Shalala v. Schaefer, 509 U.S. 292 (1993).

The undersigned hereby consent to the form and entry of the within order.

SO ORDERED