UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK 2s oie aft oye oe 24k ais □□□ aft oye 2 2s afk oie oft oye of oe of afk 2 oft 2 SCOTT WHITAKER, Plaintiff, Civil Action No. 24-0246 v. MARTIN O’MALLEY, CONSENT ORDER TO COMMISSIONER REMAND PURSUANT TO OF SOCIAL SECURITY, SENTENCE 4 OF 42 US.C. § 405(g) Defendant. □□ 2s □□□ fe 24k 2k oye fe ofc ais oie aft oie fe ofc ais of oft oft 2g ok This matter having been opened to the Court by CARLA B. FREEDMAN, United States Attorney for the Northern District of New York, and Kristina Cohn, 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, the opportunity for a hearing will be offered, 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 on this 19 day of July , 2024 ; 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).

(ohapet Magistrate Daniel J. Stewart

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 Kristina Cohn Kristina Cohn Special Assistant United States Attorney Office of Program Litigation, Office 2 Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 Phone: 212-264-2179 Email: [email protected]

LACHMAN, GORTON LAW FIRM

s/ Peter A. Gorton By: Peter A. Gorton Attorney for Plaintiff Lachman, Gorton Law Firm P.O. Box 89 1500 East Main Street Endicott, NY 13761-0089 Phone: 607-754-0500 Fax: 607-748-6978 Email: [email protected]