United States District Court Northern District of New York

Roy W. Benjamin, ) Case No. 5:24-cv-00137 Plaintiff, ) ) Glenn T. Suddaby v. ) United States District Court Judge ) Martin O’Malley, ) Daniel J. Stewart Commissioner of the Social ) United States Magistrate Judge Security Administration, ) Defendant. ) Motion – Document Filed Electronically

CONSENTED-TO MOTION FOR REVERSAL AND REMAND PURSUANT TO SENTENCE FOUR OF

(g)

The Defendant, Martin O’Malley, Commissioner of the Social Security Administration (“Commissioner”), has determined that remand of the above-captioned matter is appropriate. Accordingly, the Commissioner respectfully moves this Court, pursuant to sentence four of

(g), to enter a judgment reversing his decision with remand of the cause for further administrative proceedings. See Melkonyan v. Sullivan,

(1991). Under sentence four of

(g), this Court has the power to enter, upon the pleadings and transcript of the record, “a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.”

. Upon remand by this Court, the Appeals Council will remand this matter to an Administrative Law Judge (“ALJ”). Upon remand, the ALJ shall be instructed to offer Plaintiff the opportunity for a new hearing, and issue a new decision. For these reasons, the Commissioner respectfully requests that this Court enter an Order and Final Judgment reversing the Commissioner’s decision and remanding the case for further administrative proceedings. Plaintiffs counsel has authorized the undersigned to represent that Plaintiff consents to this motion. DATED: October 2, 2024 Respectfully submitted, Martin O’Malley, IT IS SO ORDERED: By His Attorneys Carla B. Freedman, United States Attorney Glenn T. Suddaby U.S. District Judge /s/ Huch Dun Rappaport Dated; 10/11/2024 Hugh Dun Rappaport Syracuse, NY Special Assistant United States Attorney N.D.N.Y. Bar Roll No. 700992 Office of Program Litigation, Office 2 Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 Phone: 617-565-2380 Email: Hugh.Dun.Rappaport@ ssa.gov