Fancher, Jr. v. Kijakazi

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF NEW YORK ________________________________________

RODNEY F.,

Plaintiff, v. 5:20-cv-01165 (ML)

COMMISSIONER OF SOCIAL SECURITY

ADMINISTRATION,

Defendant. ________________________________________

APPEARANCES: OF COUNSEL:

Legal Aid Society of Mid-New York, Inc. ELIZABETH LOMBARDI, ESQ.

Syracuse Office

Counsel for the Plaintiff

221 South Warren Street, Suite 310

Syracuse, New York 13202

SOCIAL SECURITY ADMINISTRATION LOUIS GEORGE, ESQ.

Counsel for the Defendant Special Assistant United States J.F.K. Federal Building Attorney

15 New Sudbury Street

Boston, Massachusetts 02203

MIROSLAV LOVRIC, United States Magistrate Judge

CONSENT ORDER TO REMAND PURSUANT

TO SENTENCE 4 OF 42 U.S.C. § 405(g)

This matter having been opened to the Court by CARLA B. FREEDMAN, United States Attorney for the Northern District of New York, and Louis John George, 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 Elizabeth Victoria Lombardi, having consented to the within order and the requested remand (Dkt. No. 17), and the Court having considered the matter,

IT IS on this 21st 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.

Dated: October 21, 2021

Binghamton, New York

U.S. Magistrate Judge