Lisa Ann Besaw v. Commissioner of the Social Security Administration

United States District Court Northern District of New York Lisa Ann Besaw, ) Case No. 5:25-cv-01217-ML Plaintiff, ) ) v. ) ) Commissioner of the Social ) Security Administration, ) Defendant. ) Motion – Document Filed Electronically CONSENTED-TO MOTION FOR REVERSAL AND REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) The Defendant, Frank Bisignano, 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 42 U.S.C. § 405(g), to enter a judgment reversing his decision with remand of the cause for further administrative proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Under sentence four of 42 U.S.C. § 405(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.” Id. at 98.

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.

Plaintiff’s counsel has authorized the undersigned to represent that Plaintiff consents to this motion.

DATED: April 27, 2026 Respectfully submitted, Frank Bisignano, By His Attorneys Todd Blanche Acting Attorney General John A. Sarcone III First Assistant United States Attorney /s/ Hugh Dun Rappaport Hugh Dun Rappaport Special Assistant United States Attorney N.D.N.Y. Bar Roll No. 700992 Program Litigation 2 Social Security Administration Law & Policy IT SO ORDERED: Attn: Program Litigation 2 . : 6401 Security Boulevard Baltimore MD 21235-6401 Miroslav Lovric (617) 565-2380 U.S. Magistrate Judge Email: [email protected] Binghamton, NY