Opinion
Civil Action 22-1147
04-27-2023
JEREMY G., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.
CARLA B. FREEDMAN United States Attorney Kristina Cohn Special Assistant U.S. Attorney LAW OFFICES OF KENNETH HILLER Justin Goldstein Attorney for Plaintiff
CARLA B. FREEDMAN
United States Attorney
Kristina Cohn
Special Assistant U.S. Attorney
LAW OFFICES OF KENNETH HILLER
Justin Goldstein
Attorney for Plaintiff
CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(g)
THOMAS J. McAVOY, SENIOR JUDGE, 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 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 27th day of April 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 the opportunity for a hearing, 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.