Katelyn H. v. Comm'r of Soc. Sec. Admin.

Full title: KATELYN H., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION…

Court: United States District Court, N.D. New York

Date published: Jul 24, 2023

1:22-CV-1350-ML (N.D.N.Y. Jul. 24, 2023)

Opinion

1:22-CV-1350-ML

07-24-2023

KATELYN H., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.

LACHMAN, GORTON LAW FIRM PETER A. GORTON, ESQ. Counsel for the Plaintiff SOCIAL SECURITY ADMINISTRATION GEOFFREY M. PETERS, ESQ. Counsel for the Defendant Special Assistant United States Attorney

MIROSLAV LOVRIC, United States Magistrate Judge

APPEARANCES: OF COUNSEL:

LACHMAN, GORTON LAW FIRM PETER A. GORTON, ESQ.

Counsel for the Plaintiff

SOCIAL SECURITY ADMINISTRATION GEOFFREY M. PETERS, ESQ.

Counsel for the Defendant Special Assistant United States Attorney

CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(G)

MIROSLAV LOVRIC, United States Magistrate Judge

This matter having been opened to the Court by CARLA B. FREEDMAN, United States Attorney for the Northern District of New York, and Geoffrey M. Peters, 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, including a hearing before an Administrative Law Judge and the issuance of a new decision, may be taken; on remand, the Appeals Council will not disturb the favorable closed period and will remand for consideration of disability beginning June 16, 2021; and Plaintiff, through counsel Peter A. Gorton, having consented to the within order and the requested remand (Dkt. No. 12), and the Court having considered the matter, IT IS on this 24^th day of July, 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); and it is further

ORDERED that nothing within this consent order shall be deemed to bar Plaintiff from seeking attorney's fees under the Equal Access to Justice Act (EAJA), 42 U.S.C. § 2412.