Opinion
3:23-cv-00745
02-16-2024
Cassandra Hurley, Plaintiff, v. Martin O'Malley,[1] Commissioner of the Social Security Administration, Defendant.
Martin O'Malley, By His Attorneys Carla B. Freedman, United States Attorney Hugh Dun Rappaport Special Assistant United States Attorney N.D.N.Y. Bar Roll No. 700992 Office of Program Litigation, Office 2 Office of the General Counsel Social Security Administration
Martin O'Malley, By His Attorneys
Carla B. Freedman, United States Attorney
Hugh Dun Rappaport Special Assistant United States Attorney N.D.N.Y. Bar Roll No. 700992 Office of Program Litigation, Office 2 Office of the General Counsel Social Security Administration
CONSENTED-TO MOTION FOR REVERSAL AND REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(G)
Miroslav Lovric, United States Magistrate Judge
The Defendant, Martin O'Malley, Commissioner of the Social Security Administration (“Commissioner”), has determined that remand of the above-captioned matter is appropriate. Accordingly, the Commissioner respectfully moves this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a judgment reversing his decision with remand of the cause for further administrative proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Under sentence four of 42 U.S.C. § 405(g), this Court has the power to enter, upon the pleadings and transcript of the record, “a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” Id. at 98.
Upon remand by this Court, the Appeals Council will remand this matter to an Administrative Law Judge (“ALJ”). Upon remand, the ALJ shall be instructed to conduct a new hearing and issue a new decision.
For these reasons, the Commissioner respectfully requests that this Court enter an Order and Final Judgment reversing the Commissioner's decision and remanding the case for further administrative proceedings.
Plaintiff's counsel has authorized the undersigned to represent that Plaintiff consents to this motion.
IT IS SO ORDERED.