Opinion
5:20-cv-01336 (ML)
10-12-2021
MELISSA C. o/b/o M.J.G., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant.
LAW OFFICES OF KENNETH HILLER, PLLC JUSTIN GOLDSTEIN, ESQ. Counsel for the Plaintiff SOCIAL SECURITY ADMINISTRATION Counsel for the Defendant LISA G. SMOLLER, ESQ. Special Assistant United States Attorney
LAW OFFICES OF KENNETH HILLER, PLLC JUSTIN GOLDSTEIN, ESQ. Counsel for the Plaintiff
SOCIAL SECURITY ADMINISTRATION Counsel for the Defendant
LISA G. SMOLLER, ESQ. 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 ANTOINETTE T. BACON, Acting United States Attorney for the Northern District of New York, and Lisa G. Smoller, 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; and Plaintiff, through counsel Justin Goldstein, having consented to the within order and the requested remand (Dkt. No. 17), and the Court having considered the matter, IT IS on this 12th day of October, 2021, 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.