UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK FERNESSIARL. SSS

Plaintiff, STIPULATION AND ORDER v. 6:24-cv-00995-AMN-ML

LELAND DUDEK!, Acting Commissioner of Social Security, Defendant. wane ee ene X This matter having been opened to the Court by DANIEL HANLON, United States Attorney for the Northern District of New York, and Fergus Kaiser, 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

(g) so that further administrative action may be taken, including offering Plaintiff the opportunity for a new hearing, 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 parties having consented to the entry of judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure, and the Court having considered the matter, onthis 5th day of | March , 2025 ; 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 vy. Sullivan,

(1991). ' Leland Dudek became the Acting Commissioner of Social Security on February 16, 2025. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Leland Dudek should be substituted for Michelle King as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act,

(g).

Clue Pardee Hon. Anne M. Nardacci United States District Judge The undersigned hereby consent to the form and entry of the within order. Dated: New York, New York February 27, 2025 DANIEL HALON United States Attorney

By: /s/Fergus Kaiser Fergus Kaiser Special Assistant United States Attorney c/o Social Security Administration Office of the General Counsel 6401 Security Boulevard Baltimore, MD 21235 212-264-2049 Email: [email protected]

Dated: Amherst, New York February 27, 2025 Hiller Comerford Injury & Disability Law Attorney for Plaintiff

By: /4s/ Mary Ellen Gill Mary Ellen Gill Hiller Comerford Injury & Disability Law 6000 North Bailey Avenue - Suite la Amherst, NY 14226 716-564-3288 Fax: 716-332-1884 Email: [email protected]