Scott v. Commissioner of Social Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ RAQUEL S., Plaintiff, v. 8:21-cv-401 (ML) COMMISSIONER OF SOCIAL SECURITY, Defendant. ________________________________________ APPEARANCES: OF COUNSEL: OLINSKY LAW GROUP Counsel for the Plaintiff HOWARD D. OLINSKY, ESQ.

250 South Clinton Street Suite 210 Syracuse, New York 13202 SOCIAL SECURITY ADMINISTRATION Counsel for the Defendant LUIS PERE, ESQ.

J.F.K. Federal Building Special Assistant United States New Sudbury Street Attorney 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 Luis Pere, 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 Howard D. Olinsky, having consented to the within order and the requested remand (Dkt. No. 17), and the Court having considered the matter, IT IS on this 18" day of January, 2022, 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: January 18, 2022 Binghamton, New York U.S. Magistrate Judge