Opinion
Civil Action 23-0914
04-02-2024
ROBYN CAIN, Plaintiff, v. MARTIN O'MALLEY COMMISSIONER OF SOCIAL SECURITY, Defendant.
CARLA B. FREEDMAN United States Attorney, Kristina Cohn Special Assistant United States Attorney Office of Program Litigation, Office 2 Office of the General Counsel Social Security Administration LAW OFFICES OF KENNETH HILLER Justin Goldstein Attorney for Plaintiff Law Offices of Kenneth Hiller
CARLA B. FREEDMAN United States Attorney, Kristina Cohn Special Assistant United States Attorney Office of Program Litigation, Office 2 Office of the General Counsel Social Security Administration
LAW OFFICES OF KENNETH HILLER Justin Goldstein Attorney for Plaintiff Law Offices of Kenneth Hiller
CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(g)
Glenn T. Suddaby, U.S. District Judge
This matter having been opened to the Court by CARLA B. FREEDMAN, United States Attorney for the Northern District of New York, and Kristina Cohn, Special Assistant United States Attorney, attorneys for Defendant, for an Order remanding the within cause of action to the Defendant pursuant to sentence 4 of 42 U.S.C. § 405(g) so that further administrative action may be taken, the opportunity for a hearing will be offered, and a new decision will be issued; and Plaintiff, through the undersigned attorney, having consented to the within order and the requested remand, and the Court having considered the matter, IT IS on this 2nd day of April, 2024;
ORDERED that the final decision of the Commissioner be and hereby is REVERSED, and the matter is REMANDED to the Defendant for this further administrative action, and it is further ORDERED that the within matter, be and hereby is, DISMISSED in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991).
The undersigned hereby consent to the form and entry of the within order.