Piccerillo v. Saul

Filing 21

ORDER granting 20 Motion to Remand to Agency. On or about July 9, 2021, Kilolo Kijakazi became the acting Commissioner of the Social Security Administration and is substituted for Andrew Saul as defendant in this action. See Fed. R. Civ. Proc. 25(d)(1). The Clerk of the Court is directed to update the docket accordingly. Signed by Judge Stefan R. Underhill on 9/7/21. (Caldero, M.)

Case 3:20-cv-01878-SRU Document 21 Filed 09/07/21 Page 1 of 2

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT

LISA PICCERILLO,
Plaintiff,

No. 3:20-cv-01878 (SRU)

v.
KILOLO KIJAKAZI, ACTING
COMMISSIONER OF SOCIAL
SECURITY,
Defendant. 1
ORDER GRANTING COMMISSIONER’S CONSENT MOTION FOR ENTRY OF
JUDGMENT WITH REVERSAL AND REMAND
The defendant, Kilolo Kijakazi, Acting Commissioner of the Social Security
Administration, has moved to enter judgment under sentence four of 42 U.S.C. § 405(g), with a
reversal and remand of the cause to the Commissioner for further action. See Doc. No. 20.
Counsel for the Commissioner represents that she has contacted counsel for Plaintiff, Olia
Yelner, Esq., who consents to the relief sought in this motion.
Under sentence four of 42 U.S.C. § 405(g), I have the authority to enter a judgment with
a reversal and remand of the cause to the Commissioner for further proceedings. See Shalala v.
Schaefer, 509 U.S. 292, 297 (1993); Melkonyan v. Sullivan, 501 U.S. 89, 98 (1991). Remand for
further development of the record is appropriate when gaps exist in the administrative record or
when the administrative law judge (“ALJ”) committed legal error. See Parker v. Harris, 626
F.2d 225, 235 (2d Cir. 1980).

On or about July 9, 2021, Kilolo Kijakazi became the acting Commissioner of the Social Security Administration
and is substituted for Andrew Saul as defendant in this action. See Fed. R. Civ. Proc. 25(d)(1). The Clerk of the
Court is directed to update the docket accordingly.
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Case 3:20-cv-01878-SRU Document 21 Filed 09/07/21 Page 2 of 2

Here, the Commissioner has determined that a remand of the case for additional
administrative action is necessary. Upon remand, ALJ will, inter alia: (1) offer the plaintiff the
opportunity for a new hearing; (2) take further action to complete the administrative record; and
(3) issue a new decision. Accordingly, I GRANT the Commissioner’s Consent Motion for Entry
of Judgment Under Sentence Four of 42 U.S.C. § 405(g). The Clerk shall enter a judgment of
reversal and remand under sentence four of 42 U.S.C. § 405(g), and shall remand the case to the
Commissioner for further proceedings consistent with the motion.
So ordered.
Dated at Bridgeport, Connecticut, this 7th day of September 2021.
/s/ STEFAN R. UNDERHILL
Stefan R. Underhill
United States District Judge

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