UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK STEPHONM.P, SS

Plaintiff, STIPULATION AND ORDER Vv. 5:23-cv-00235-DNH-CFH

KILOLO KIJAKAZI, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. ------------------------------------------------------------X 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

(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,

(1991). IT IS SO ORDERED:

U.S. District Judge

Dated: 10-10-2023

The undersigned hereby consent to the form and entry of the within order. CARLA B. FREEDMAN United States Attorney

Dated: New York, New York October 4, 2023

By: /s/ Fergus Kaiser FERGUS KAISER Special Assistant United States Attorney c/o Social Security Administration Office of the General Counsel 26 Federal Plaza, Room 3904 New York, NY 10278-0004 Tel. (212) 264-2049 Email: [email protected]

Dated: New York, New York October 4, 2023

Law Offices of Kenneth Hiller, PLLC Attorney for Plaintiff

By: /s/ Justin M. Goldstein JUSTIN M. GOLDSTEIN Law Offices of Kenneth Hiller, PLLC 6000 North Bailey Avenue - Suite 1A Amherst, NY 14226 716-564-3288 Fax: 716-332-1884 Email: [email protected]