Opinion
Civil Action 22-1408
08-18-2023
KENNETH DONOVAN, Plaintiff, v. KILOLO KIJAKAZI, COMMISSIONER OF SOCIAL SECURITY, Defendant.
CARLA B. FREEDMAN United States Attorney Kristina Cohn Special Assistant United States Attorney LAW OFFICES OF KENNETH HILLER By: Justin Goldstein Attorney for Plaintiff
CARLA B. FREEDMAN United States Attorney
Kristina Cohn Special Assistant United States Attorney
LAW OFFICES OF KENNETH HILLER By: Justin Goldstein Attorney for Plaintiff
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, a new 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 18th day of August, 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).
The undersigned hereby consent to the form and entry of the within order.