Opinion
Civil Action No. 12-0497-TJM-DEP
11-07-2012
JESSICA L. PICKETT, Plaintiff, v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, Defendant.
RICHARD S. HARTUNIAN United States Attorney Jeremy A. Linden Special Assistant U.S. Attorney c/o Social Security Administration
RICHARD S. HARTUNIAN
United States Attorney
Jeremy A. Linden
Special Assistant U.S. Attorney
c/o Social Security Administration
Hon. David E. Peebles
CONSENT ORDER TO REMAND
PURSUANT TO SENTENCE 4 OF
42 U.S.C. § 405(g)
This matter having been opened to the Court by RICHARD S. HARTUNIAN, United States Attorney for the Northern District of New York, and Jeremy A. Linden, 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 with regard to Plaintiff's June 9, 2009 applications for Title II Disability Insurance Benefits and Title XVI Supplemental Security Income under the Social Security Act, including offering Plaintiff the opportunity to have a de novo administrative hearing on her claim; 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 7 th day of N ovember, 2012;
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).
________________________
Hon. David E. Peebles, Magistrate Judge
United States District Court
The undersigned hereby consent to the form and entry of the within order.
RICHARD S. HARTUNIAN
United States Attorney
By: __________________
Jeremy A. Linden
Special Assistant U.S. Attorney
Attorney for Defendant
Bar No. 516734
Legal Services of Central New York - Syracuse
472 South Salina Street
Suite 300
Syracuse, NY 13202
By: __________________
Christopher Cadin
Attorney for Plaintiff
Bar No. 505497