Shaw v. Commissioner of Social Security

District Court, N.D. New York

Shaw v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK BS DIS IC 24S BIS DIS IS DIC IC 34S IC 24S BIC 24S DIC 2g OIC IC 34K SS 3S OIC 3g 2 JAMES SHAW, Plaintiff, Civil Action No. 5:22-01170 v. KILOLO KIJAKAZI, CONSENT ORDER TO ACTING COMMISSIONER REMAND PURSUANT TO OF SOCIAL SECURITY, SENTENCE 4 OF

42 U.S.C. § 405

(g) Defendant. BE DIS IC DIR BIS DIS 2S DIS IC 24S BIS DC DIC OC DIC IS OIC □□ BIS 2c 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, ITISonthis 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).

Glenn T. Suddaby U.S. District Judge

United States District Court

The undersigned hereby consent to the form and entry of the within order.

CARLA B. FREEDMAN United States Attorney

By: /s/ June Byun June Byun Special Assistant U.S. Attorney

OLINSKY LAW GROUP

/s/ Howard Olinsky By: Howard Olinsky Attorney for Plaintiff

Reference

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