Opinion
5:21-cv-01136-GTS-TWD
02-03-2022
Niccole Mattice, Plaintiff, v. Kilolo Kijakazi, Acting Commissioner of Social Security Defendant.
KILOLO KIJAKAZI, BY HER ATTORNEYS NICCOLE MATTICE BY HER ATTORNEY CARLA B. FREEDMAN, UNITED STATES ATTORNEY LISA G. SMOLLER SPECIAL ASSISTANT UNITED STATES ATTORNEY N.D.N.Y. BAR ROLL NO. 700999 SOCIAL SECURITY ADMINISTRATION OFFICE OF THE GENERAL COUNSEL HOWARD D. OLINSKY OLINSKY LAW GROUP
KILOLO KIJAKAZI, BY HER ATTORNEYS
NICCOLE MATTICE BY HER ATTORNEY
CARLA B. FREEDMAN, UNITED STATES ATTORNEY
LISA G. SMOLLER SPECIAL ASSISTANT UNITED STATES ATTORNEY N.D.N.Y. BAR ROLL NO. 700999 SOCIAL SECURITY ADMINISTRATION OFFICE OF THE GENERAL COUNSEL
HOWARD D. OLINSKY OLINSKY LAW GROUPThérèse Wiley Dancks, United States Magistrate Judge
PARTIES' STIPULATION FOR REMAND
Hon. Glenn T. Suddaby, Chief United States District Judge
The parties stipulate that the Commissioner's final decision be reversed and that this action be remanded to the Commissioner for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). On remand, the ALJ will give provide Plaintiff the opportunity for a new hearing, re-evaluate her earnings at step one to determine if she engaged in substantial gainful activity and if not, complete the sequential evaluation process, and issue a new decision.
The parties consent to the entry of judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. 1
IT IS SO ORDERED. 2