Opinion
6:23-cv-00405
12-18-2023
Kelly Jean I., Plaintiff, v. Kilolo Kijakazi, Acting Commissioner of the Social Security Administration, Defendant.
Kilolo Kjakazi, By Her Attorneys Carla B. Freedman, United Stales Attorney Hugh Dun Rappaport Special Assistant United States Attorney N.D.N.Y. Bar Roll No. 700992 Office of the General Counsel
Kilolo Kjakazi, By Her Attorneys
Carla B. Freedman, United Stales Attorney
Hugh Dun Rappaport
Special Assistant United States Attorney
N.D.N.Y. Bar Roll No. 700992
Office of the General Counsel
Daniel J. Stewart, United States Magistrate Judge
CONSENTED-TO MOTION FOR REVERSAL AND REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(G)
David N. Hurd United States District Court Judge
The Defendant, Kilolo Kijakazi, Acting 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 her 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.
SO ORDERED.