Opinion
Civil Action 3:19-CV-0954 (DEP)
02-25-2022
RACHEL C., Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, [1] Defendant.
APPEARANCES: OF COUNSEL: FOR PLAINTIFF LACHMAN, GORTON LAW FIRM FOR DEFENDANT SOCIAL SECURITY ADMIN. OF COUNSEL: PETER A. GORTON, ESQ. HUGH DUN RAPPAPORT, ESQ.
APPEARANCES: OF COUNSEL: FOR PLAINTIFF LACHMAN, GORTON LAW FIRM FOR DEFENDANT SOCIAL SECURITY ADMIN.
OF COUNSEL: PETER A. GORTON, ESQ. HUGH DUN RAPPAPORT, ESQ.
This matter is before me based upon consent of the parties, pursuant to 28 U.S.C. § 636(c).
DAVID E. PEEBLES U.S. MAGISTRATE JUDGE
Plaintiff commenced this action, pursuant to 42 U.S.C. § 405(g), to challenge a denial by the Commissioner of Social Security (“Commissioner”) denying her application for Social Security disability benefits. On September 9, 2020, this court entered judgment affirming the Commissioner's decision and dismissing plaintiff's complaint. Following an appeal from the judgment, by a two-to-one majority, a panel of the Second Circuit Court of Appeals vacated this court's judgment and remanded the matter to this court with an instruction to remand the matter to the Commissioner for further action consistent with that court's opinion. Colgan v. Kijakazi, 22 F.4th 353 (2d Cir. 2022). It is therefore hereby
ORDERED that the judgment of this court (Dkt. No. 22) is VACATED, and the matter is REMANDED to the Commissioner for further proceedings consistent with the majority opinion of the Second Circuit Court of Appeals panel; and it is further
ORDERED that the clerk enter judgment consistent with this opinion.