Broyles v. Commissioner of Social Security

District Court, N.D. New York

Broyles v. Commissioner of Social Security

Trial Court Opinion

THOMAS FREDERICK BROYLES, Plaintiff,

-v- 5:24-CV-00890 (GTS/CFH)

MARTIN O’MALLEY, Commissioner of Social Security, Defendant.

STIPULATION FOR REMAND

IT IS HEREBY STIPULATED AND AGREED by and between Vernon Norwood, Special Assistant United States Attorney, for Carla B. Freedman, United States Attorney for the Northern District of New York, attorneys for the Defendant herein, and Justin M. Goldstein, Esq., attorney for Plaintiff, that the unfavorable portion of the Commissioner’s final decision (i.e., the period prior to September 11, 2023) be reversed and the above-captioned action be remanded to the Commissioner of Social Security for further administrative proceedings pursuant to the fourth sentence of

42 U.S.C. § 405

(g). Upon remand, the ALJ shall offer Plaintiff an opportunity for a new hearing, take any action necessary to complete the administrative record, and issue a new decision. The Clerk is directed to enter judgment. See Shalala v. Schaefer,

509 U.S. 292

(1993).

Dated: November 14, 2024 Syracuse, New York

The undersigned hereby consent to the form and entry of the within order.

CARLA B. FREEDMAN HILLER COMERFORD INJURY United States Attorney & DISABILITY LAW Attorney for Plaintiff

By: /s/ Vernon Norwood By: /s/ Justin Goldstein Vernon Norwood Justin M. Goldstein, Esq. Special Assistant U.S. Attorney 6000 North Bailey Avenue, Suite 1a Bar No. 513792 Amherst, New York 14226 6401 Security Boulevard (716) 564-3288 Baltimore, MD 21235 [email protected] (212) 264-9471 [email protected] SO ORDERED:

Glenn T. Suddaby Dated: November 18, 2024 U.S. District Judge

Reference

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