Ashline v. O'Malley

District Court, N.D. New York

Ashline v. O'Malley

Trial Court Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK 2 26 2s ig 2s 2k 2 ig ok 2 2 aig ois ois 2g 2 oe 2g 2k is og ok oie oie os ok 2 ok ok APRIL ASHLINE, Plaintiff, Civil Action No. 24-0848 Vv. MARTIN O’MALLEY, CONSENT ORDER TO □ COMMISSIONER REMAND PURSUANT TO OF SOCIAL SECURITY, SENTENCE 4 OF

42 U.S.C. § 405

(g) Defendant. fs 2 2 ois is 2 oie 2 2k of os ois ote fe oie oie ois ok ois is 2 ois ok as of 2k os 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

42 U.S.C. § 405

(g) so that further administrative action may be taken, a new 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, IT1Sonthis (9 — dayof Sena 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,

501 U.S. 89

(1991).

gece Ty Mabistraté Judge Da Stewart K | “waa”

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]

CHERMOL & FISHMAN

_+y. +8/David Chermol “ By: David F. Chermol Attorney for Plaintiff 11450 Bustlelton Avenue Philadelphia, PA 19116 Phone: 215-464-7200 Email: [email protected]

Reference

Status
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