Opinion
Civil Action 23-0489
11-28-2023
JENNIFER HOHLER, Plaintiff, v. KILOLO KIJAKAZI, 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 By: 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
By: 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)
FREDERICK J. SCULLIN, JR., SENIOR UNITED STATES 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 28th day of November, 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.