UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________

MEGAN G.,

Plaintiff,

v. 5:21-CV-0852 (ML) COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION,

Defendant. ________________________________________

APPEARANCES: OF COUNSEL:

LAW OFFICES OF KENNETH HILLER, PLLC MARY ELLEN GILL, ESQ. Counsel for the Plaintiff 6000 North Bailey Avenue - Suite 1A Amherst, New York 14226

SOCIAL SECURITY ADMINISTRATION LUIS PERE, 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

(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

(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 Mary Ellen Gill, having consented to the within order and the requested remand (Dkt. No. 19), and the Court having considered the matter, IT IS on this 19" day of April, 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,

(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),

.

Dated: April 19, 2022 Binghamton, New York

Mirela draie U.S. Magistrate Judge