Diana C. v. Comm'r of Soc. Sec. Admin.

Full title: DIANA C., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION…

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

Date published: Jun 9, 2023

8:23-CV-0271 (ML) (N.D.N.Y. Jun. 9, 2023)

Opinion

8:23-CV-0271 (ML)

06-09-2023

DIANA C., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.

SCHNEIDER & PALCSIK COUNSEL FOR THE PLAINTIFF SOCIAL SECURITY ADMINISTRATION COUNSEL FOR THE DEFENDANT MARK A. SCHNEIDER, ESQ. CANDACE BROWN CASEY, ESQ. Special Assistant United States Attorney

MIROSLAV LOVRIC, UNITED STATES MAGISTRATE JUDGE

APPEARANCES:

SCHNEIDER & PALCSIK

COUNSEL FOR THE PLAINTIFF

SOCIAL SECURITY ADMINISTRATION

COUNSEL FOR THE DEFENDANT

OF COUNSEL:

MARK A. SCHNEIDER, ESQ.

CANDACE BROWN CASEY, ESQ. Special Assistant United States Attorney

CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(g)

MIROSLAV LOVRIC, UNITED STATES MAGISTRATE JUDGE

This matter having been opened to the Court by CARLA B. FREEDMAN, United States Attorney for the Northern District of New York, and Candace M. Brown Casey, 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, including a hearing before an Administrative Law Judge and the issuance of a new decision, may be taken; and Plaintiff, through counsel Mark A. Schneider, having consented to the within order and the requested remand (Dkt. No. 10), and the Court having considered the matter, IT IS on this 9^th day of June, 2023, 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); and it is further

ORDERED that nothing within this consent order shall be deemed to bar Plaintiff from seeking attorney's fees under the Equal Access to Justice Act (EAJA), 42 U.S.C. § 2412.