Opinion
5:23-cv-00235-DNH-CFH
10-10-2023
STEPHON M. P., Plaintiff, v. KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
CARLA B. FREEDMAN United States Attorney FERGUS KAISER Special Assistant United States Attorney c/o Social Security Administration Office of the General Counsel Law Offices of Kenneth Hiller, PLLC Attorney for Plaintiff JUSTIN M. GOLDSTEIN
CARLA B. FREEDMAN United States Attorney FERGUS KAISER Special Assistant United States Attorney c/o Social Security Administration Office of the General Counsel
Law Offices of Kenneth Hiller, PLLC Attorney for Plaintiff JUSTIN M. GOLDSTEIN
STIPULATION AND ORDER
David N. Hurd 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 Fergus Kaiser, 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 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 ORDERED that
1. the final decision of the Commissioner be and hereby is REVERSED;
2. The matter is REMANDED to the Defendant for this further administrative action; and
3. The within matter, be and hereby is, DISMISSED in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991).
IT IS SO ORDERED:
The undersigned hereby consent to the form and entry of the within order.