Stewart v. Commissioner of Social Security

District Court, S.D. New York

Stewart v. Commissioner of Social Security

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK VALERATD. STEWART, SS

Plaintiff, 23 CIVIL 5359 (KHP) -v- JUDGMENT

MARTIN O’MALLEY, COMMISSIONER OF SOCIAL SECURITY, Defendant. eK

It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Stipulation and Order dated January 10, 2024, that the Commissioner's decision be, and hereby is, reversed and that this action be, and hereby is, remanded to the Commissioner of Social Security, pursuant to the fourth sentence of

42 U.S.C. § 405

(g), for further administrative proceedings. Upon remand, the Commissioner will offer the plaintiff the opportunity for a new hearing and issue a new decision. See Shalala v. Schaefer,

509 U.S. 292

(1993). Dated: New York, New York January 10, 2024

RUBY J. KRAJICK Clerk of Court

BY: Deputy Clerk

Reference

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