Osorio v. Commissioner of Social Security

District Court, S.D. New York

Osorio v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

Plaintiff, 23 CIVIL 3025

-v- JUDGMENT

KILOLO KIJAKAZI, COMMISSIONER OF SOCIAL SECURITY, Defendant. none KX It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation and Order dated December 7, 2023, that the final decision of the Commissioner of Social Security (“Commissioner”) be reversed and the above-captioned action be remanded under sentence four of 42 §405(g). Section 405(g) provides that the Court has the power “to enter, upon the pleadings and of record, a judgment affirming, modifying or reversing the decision of the [Commissioner], with or remanding the cause for a rehearing.” Melkonyan v. Sullivan,

501 U.S. 89

(1991). Upon review of the the Commissioner finds that additional administrative action is warranted. Should the Appeals Council to an ALJ, upon remand the ALJ will conduct further proceedings and develop the administrative as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act, including offering Plaintiff a new hearing, and issuing a new decision. Dated: New York, New York December 7, 2023

RUBY J. KRAJICK Clerkof Court BY: HK NLaANGO Deputy Clerk

Reference

Status
Unknown