Opinion
Civil Action 5:22-01170
04-27-2023
JAMES SHAW, Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
CARLA B. FREEDMAN United States Attorney June Byun Special Assistant U.S. Attorney OLINSKY LAW GROUP Howard Olinsky Attorney for Plaintiff
CARLA B. FREEDMAN
United States Attorney
June Byun
Special Assistant U.S. Attorney
OLINSKY LAW GROUP
Howard Olinsky
Attorney for Plaintiff
CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(g)
GLENN T. SUDDABY, U.S. DISTRICT JUDGE
This matter having been opened to the Court by CARLA B. FREEDMAN, United States Attorney for the Northern District of New York, and June Byun, 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, Plaintiff will be offered the opportunity for a new hearing, and a new decision will be issued; 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 27th day of April, 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).
The undersigned hereby consent to the form and entry of the within order.