Capparello v. O'Malley

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK fe os os oe fe fe fe oe oe 2 2g oie fe is 2 fe 2c ois 2 2 i 2 2 2 oo ok JOLEAN CAPPARELLO Plaintiff, Civil Action No. 24-0378 Vv.

MARTIN O’MALLEY CONSENT ORDER TO COMMISSIONER REMAND PURSUANT TO OF SOCIAL SECURITY, SENTENCE 4 OF 42 U.S.C. § 405(g) Defendant. ok ok ok 2 oe 2 ok ok ok oo ok ok ok ok ok ok oR oo oe oe oe aE 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, 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, ITISonthis QO) — dayof \y me 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).

LY DI Y A | To 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] AVARDLAW /s Craig Polhemus By: Craig Polhemus Attorney for Plaintiff Avard Law ‘ PO Box 101110 Cape Coral, FL 33910 Phone: 239-945-0808 Email: [email protected]